Republic of the Philippines _// 3
HOUSE OF REPRESRNTAT! =
Quezon City, Metro Manila |

SIXTEENTH CONGRESS
‘Third Regular Session

House Bill No. 6434 _

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

Indiscriminate discharge of firearm has become a significant problem in
many communities now throughout the Philippines. It most usually occur during
the celebration of holidays or, any revelry and sometimes in the context of
drinking. Public awareness campaigns have not helped curb the senseless
display of these people from randomly firing their weapons even if they primarily
believe that their acts are harmless and do not make these shooting sprees to
intentionally injure or kill people.

No one feels safe anymore, even in the comfort of their own homes since
stray bullets can graze inside houses, and maim or kill innocent bystanders. The
harrowing tragedy of it all are the senseless deaths of children, as in the recent
case of Lorena Santos Cruz, the nine-year-old girl reported to have died from a
stray bullet near Ipo Dam in Norzagaray, Bulacan. Residents live in perpetual
fear. Anecdotal evidence from news reports state that indiscriminate firing
victims from Dec. 16, 2015 - January 4, 2016 total to 7 and stray bullet incidents
for the period Dec 16, 2015 - January 4, 2016 has befallen 54 victims.

It is time that we punish these perpetrators with an iron hand and revise
the antiquated penalty espoused in the Revised Penal Code. This bill seeks to
remove the discharge of firearms from the enumeration under Alarms and
Scandal, transposing it to the more serious offense of Discharge of Firearms
under Article 254 and providing stiffer penalties upon offenders who discharges
their firearms indiscriminately in any place.

Immediate passage of the bill is earnestly sougf


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

SIXTEENTH CONGRESS
Third Regular Session

House Bill No. 6434 _

Introduced by Honorable Sherwin T. Gatchalian

AN ACT

PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR INDISCRIMINATE
DISCHARGE OF FIREARMS, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Article 155 of Act No. 3815 is hereby amended to read as

follows:

“ART. 155. Alarms and Scandals. - The penalty of arresto
menor or a fine not exceeding [200] ONE THOUSAND (1,000.00)

pesos shall be imposed upon:

1. Any person who within any town or public place, shall
discharge any [firearm,] rocket, firecracker, or other
explosive calculated to cause alarm or danger;

XXX XXX XXX,

SEC. 2. Article 254 of the same Act is also hereby amended to read

as follows:


“Art. 254. Discharge of Firearms. - A) Any person who shall
shoot at another any firearm shall suffer the penalty of prision
correccional in its minimum and medium, unless the facts of
the case are such that the act can be held to constitute
frustrated or attempted parricide, murder, homicide, or any
other crime of which a higher penalty is prescribed by any of
the articles of this Code.

B) ANY PERSON WHO SHALL WILFULLY AND
INDISCRIMINATELY DISCHARGE ANY FIREARM, OR OTHER
WEAPON, IN ANY PLACE, WHERE THERE IS ANY PERSON OR
PROPERTY TO BE ENDANGERED THEREBY SHALL SUFFER
THE PENALTY OF PRISION CORRECIONAL IN ITS MAXIMUM
PERIOD, UNLESS THE FACTS OF THE CASE CAN BE HELD
TO CONSTITUTE ANY OTHER CRIME OF WHICH A HIGHER
PENALTY IS PRESCRIBED.

C) IF THE PERSON WHO COMMITS THE OFFENSE
PROVIDED IN PARAGRAPH (B) OF THIS ARTICLE IS A
MEMBER OF THE PHILIPPINE NATIONAL POLICE, ARMED
FORCES OF THE PHILIPPINES, NATIONAL BUREAU OF
INVESTIGATION (NBI) AND OTHER LAW ENFORCEMENT
AGENCIES, AND SUCH DISCHARGE IS NOT IN THE
PERFORMANCE OF OFFICIAL DUTIES, THE PENALTY OF
RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD SHALL BE
IMPOSED AND THE OFFENDER SHALL BE HELD
ADMINISTRATIVELY LIABLE AND SUBJECTED TO SUMMARY
DISMISSAL PROCEEDINGS.


D) IF THE WILFULL AND INDISCRIMINATE
DISCHARGE OF FIREARM AS PROVIDED IN PARAGRAPH (B)
OF THIS ARTICLE RESULTS IN INJURIES CAUSING THE
DEATH OF A PERSON, THE PENALTY OF RECLUSION
PERTPETUA SHALL BE IMPOSED.”

SEC. 3. All laws, orders, proclamations, rules and regulations, or
part thereof, which are inconsistent with any provision of this Act are
hereby repealed or modified accordingly.

SEC. 4. If any provision or part of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain valid
and subsisting.

SEC. 5. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of

general circulation.

Approved,