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

FIFTEENTH CONGRESS
Third Regular Session

House Bill No._ 6817

Introduced by Rep. BERNADETTE HERRERA-DY

Explanatory Note

We introduce a comprehensive definition of the crime of Unlawful Use of
Firearms, which includes carrying a firearm while intoxicated, allowing a minor or
unlicensed person to carry a firearm, or the discharge of a firearm outside the act of
self-defense, defense of another, or any other absolutory cause. We propose
redefining the crime formerly known as Unlawful Discharge of Firearms, in light of
its having become a dead-letter law in addressing the evil which it purportedly sought
to contain.

Firearms are unique tools, as they have a singular purpose — causing injury to
another, which injury is often lethal. Regulation is therefore long recognized as
necessary.

The current system of firearms control and regulation, as required by
Presidential Decree No. 1866, as amended, is the institution of a separate system of
licensing for the possession and for the carriage of firearms, administered by the
Philippine National Police. PD 1866 does not address the improper use of licensed
firearms, because under current laws, the use of the firearm is within the province of
Article 254 of the Revised Penal Code.

We note, however, that these existing regulations are woefully inadequate
when it comes to providing appropriate penalties for the wide range of firearms abuse.

Article 254 of the Revised Penal Code penalizing the unlawful discharge of
firearms, as worded, is woefully inadequate to address the abuses that are before our
eyes on an almost daily basis, both in terms of scope and penalty. For instance, in one
case, all that could be charged against a son of a former senator who peppered parked
cars outside a known restaurant with rifle bullets from an assault rifle is the crime of
Alarms and Scandal. In another case, Stephanie Nicole Ella, an innocent four year
ld, suffered fatal injuries after a drunk man fired an improvised pipe shotgun, known
‘as a sumpak, for the New Year. In yet another case, a man who was handed over
possession of his duly licensed firearm, while drunk, shot everyone in sight before
turning the gun on himself, killing a total of nine people, including Michaella Caimol,
who was seven, and Jan Monica de Vera, who was eight.

Our present scheme of gun regulations has not curbed, prevented, or otherwise
stopped an ever-increasing number of violent crimes done with or through the use of


R y
“4 improvised, registered and licensed firearms. Unless we tighten the net, tragedies will
continue to fill our collective consciousness.

It is hoped that through this measure, the deaths of these precious children
shall not be in vain. Hence, this measure.

In view of the foregoing, we respectfully submit and seck the immediate
passage of this measure.

BERNADETTE R. HEYRERA-DY



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

FIFTEENTH CONGRI
‘Second Regular Session

ss

House

No._ 6817

Introduced by Rep. BERNADETTE R. HERRERA-DY

AN ACT DEFINING AND PENALIZING THE UNLAWFUL USE OF FIREARMS,
AMENDING FOR THE PURPOSE ARTICLE 254 OF ACT NO. 3815, OTHERWISE
KNOWN AS “THE REVISED PENAL CODE OF THE PHILIPPINES”, AND FOR
OTHER PURPOSES.

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

SECTION 1. Article 254 of Act No. 3815, otherwise known as “The Revised Penal
Code of the Philippines,” is hereby amended to read as follows

“Article 254. Unlawful Use of Firearms. - Any person who commits any
of the following acts shall be punished by prision mayor in its minimum
period:

(1) Carry a firearm or device, which ave not been designed as
a firearm but can be functionally adapted and used as a firearm,
notwithstanding the existence of a license to possess and/or a
permit to carry said firearm:

(a) While imbibing, drinking or otherwise consuming any
liquor, drug, narcotic, or any other psychotropic
substance;

(b) While intoxicated under any liquor, drug, narcotic, or
any other psychotropic substance; or

(©) Allow a minor or

icensed person to carry the same; or

(2) Discharge a firearm or device, which may have not been designed
as a firearm, but can be functionally adapted and used as a
firearm:

(a) Outside a duly licensed indoor or outdoor shooting range,
gun club, or similar indoor or outdoor structure
specifically designed for the safe discharge of firearms,
‘except when engaged in subsistence hunting requiring the
use of such firearms, or engaged in the performance of



one's duties as a law enforcement officer, Provided, that,
the discharge is made with extraordinary diligence;

(b) Without the existence of any of the elements for the
justifying circumstances of self-defense or defense of
another as provided for in this Code; or

(©) Without the existence of any other absolutory cause
under this Code.

‘The foregoing acts shall be punished by prision mayor in its medium to
maximum periods, if committed with any of the following attendant
circumstances:

w

\¢ firearm is aimed at another person or the property of
another at any point prior to or at the moment of discharge of
the firearm, if the discharge does not constitute any other crime
or offense defined Code for which a higher penalty is
prescribed; or

thi

2) The firearm is discharged on a public holiday or on the occasion
of a wedding, birthday, anniversary, or at any similar gathering
or celebration, or when made for the sole purpose of revel
making, or on the occasion of the death of another, except when
the discharge is made in the performance of an official state or
military honor.

SEC. 2. Severability Clause. — In the event that any provision of this Act is declared
legal, the constitutionality, validity, or legality of the remainder
of the provisions of this Act shall not be affected thereby.

SEC. 3. Repealing Clause. - All laws, presidential decrees, letters of instructions,
executive orders, administrative orders, rules, regulations, and other issuances or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby
revoked, repealed or modified accordingly.

SEC. 4. Effectivity. — This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in at least two (2) newspapers of
general circulation,

Approved,