Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17 CONGRESS

Fi

‘st Regular Session

4556

House Bill No.

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE,

‘This bill proposes to amend Republic Act 7183, also known as “An Act Regulating the Sale,
Manufacture, Distribution and Use of Firecrackers and otfer Pyrotechnic Devices’, to provide
stricter regulations on the sale and uses of the firecrackers and pyrotechnics’. Among other
provisions, it mandates upon the Local Government Units to designate a common area for
firecracker /pyrotechnic use to avoid unnecessary fire and injuries to residents,

‘The Department of Health reports a total of 1,018 firework-related injuries at the beginning
of the year 2014. This is not an isolated figure for every year, we endure from the pollutants caused
by the use of firecrackers to welcome the new year, we see news flashes of countless injuries,
especially to the hapless children, Until when should we allow this cycle of perils t6 our health and
environment? Yes it is true that our citizens are guaranteed their autonomy and freedom to
celebrate and express their happiness as they desire, but when these expressions have perennially
led to a considerable number of injuries, some even life threatening, worse, accasioned on innocent
by-standers not even handling the firecrackers, the government must step in.

We do not wait for another year and some more injuries to stress the point of the
importance to revisit the relevance of the law today, The introduction of these amendments does
not entirely do away with time-honored merry-making that involves the use of firecrackers and
pyrotechnics’ but enforces to provide stricter regulations in an effort to protect our people from
traditions that are inimical to public health and safety. Hence, support for this-bM Is earnestly
sought

Wes Gatchaliaj
Representati
1 District,

Alenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17 CONGRESS
First Regular Session

4556

House Bill No.

Introduced by Representative Wes Gatchalian

AN ACT
REGULATING THE SALE, DISTRIBUTION, AND USE OF FIRECRACKERS AND OTHER
PYROTECHNIC DEVICES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

SECTION 1, Short Title, ~ This Act shall be known as the “Firecracker Regulation Act
of 2016."

SEC. 2, Declaration of Policy. - The maintenance of peace and order, the protection
of life, liberty, and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy. ‘To this end, the State aims te
tnsure the safety of the people by regulating sale, distribution, and use of firecrackers and
other pyrotechnic devices and specifying the areas where firecrackers and pyrotechnic
devices may be used.

SEC. 3. Permit to Sell. - Manufacturers, dealers and wholesale distributors of
firecrackers and other pyrotechnic devices shall provide the names and addresses of all its
accredited stores, outlets, dealers, distributors or 1 sellers to the Firearms and Explosives
Office of the Philippine National Police (PNP-FEO) as a pre-requisite for the approval of the
manufacturer's or a dealer’s license permit.

Stores, outlets, dealers, distributors and resellers shall also apply for a permit to sell
from the PNP before they can engage in the sale or distribution of firecrackers and
pyrotechnic devices. There shall be a “one-store, one-permit” policy. Selling of firecrackers



and pyrotechnic devices in places other than those indicated by the licensed
manufacturers, dealers, or wholesale distributors in their application for a license permit
with the PNP-FEO and without the requisite permit shall be considered illegal and shall be
cause for the confiscation of the products being sold without prejudice to the penalties
provided herein

SEC, 4, Limit on Purchases. - Manufacturers, sellers, distributors of firecrackers
and other pyrotechnic devices shall only be allowed to sell a maximum amount of Five
thousand pesos (P5,000.00) for a single-purchase of any firecracker or other pyrotechnic
device, not otherwise prohibited by law. Any corporation or entity that requires a larger
number of fireworks and other pyrotechnic devices shall apply for a special permit from
the PNP-FEO for its fireworks display, subject to regulations which the PNP-FEO may
impose

SEC, 5. Common Firecracker and Pyrotechnic Zone, ~ The use of firecrackers or
pyrotechnic devices shall not be allowed in densely populated residential areas; hence, the
local government units (LGUs) shall identify a zone or designate an area in their respective
territorial jurisdiction, where residents may use firecrackers or conduct a fireworks
display.

‘The City or Municipal Government shall, in coordination with the barangays in their
jurisdiction, conduct massive advocacy and information dissemination in the observance of
the safety guidelines for fireworks or pyrotechnic use and exhibition. It shall conduct
roving inspections and confiscate and destroy firecrackers and other pyrotechnic devices
being sold to the public which are prohibited by law.

SEC. 6. Prohibition on the Sale to Minors. ~ No firecrackers or other pyrotechnic
devices shall be sold to any person below eighteen (18) years of age. Children using
firecrackers and other pyrotechnic devices must be strictly under adult supervision.

SEC, 7. Penalties, - a) Any person who violates Section 3 of this Act shall be
punished with a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or imprisonment of not less than
six (6) months but not more than three (3) years, or both, at the discretion of the court,
without prejudice to other civil or criminal liability that may arise therefron

b) A manufacturer, dealer, distributor or seller who violates the provision on the
limitation on purchases under Section 4 of this Act and the prohibition on the sale of
firecrackers or pyrotechnic devices to minors under Section 6 of this Act shall be punished


with a fine of One hundred thousand pesos (P100,000.00) and the revocation of its license
permit;

¢) Parents and guardians who shall knowingly instigate the purchase of fireworks
or pyrotechnic devices by their minor child or ward shall be punished with a fine of ‘Ten
thousand pesos (P10,000.00).

SEC, 8. Administration and Enforcement. ~ The Department of the Interior and
Local Government thru the Philippine National Police shall be primarily responsible for the
administration and enforcement of this Act. It shall transmit all cases for prosecution
arising from violations of this Act to proper government prosecutors for appropriate
action,

SEC, 9. Implementing Rules and Regulations. ~ Within ststy (60) days from the
effectivity of this Act the Secretary of the Interior and Local Government shall, after public
hearing and consultation with the various stakeholders in the firecrackers and pyrotechnic
industry and representatives of LGUs, promulgate the necessary rules and regulations for
the effective implementation of this Act.

SEC, 10. Separability Clause. - If any provision or part thereof is held invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force
and effect.

s

orders, letter of instruction, administrative orders, rules, and regulations contrary to or
inconsistent with the provision of this Act are hereby repealed, modified, or amended
accordingly,

11, Repealing Clause. ~All laws, presidential decrees or issuances, executive

SC, 12, Bffectivity Clause, - This Act shall take effect fifteen (15) days after its
publication in the Oficial Gazette or in a newspaper of general circulation.

Approved,