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THIRTEENTH CONGRESS OF THE REFUBLIC } 
First Regular Session 
OF THE PHILPPINES 
1 
Senate Bill No. 
EXPLANATORYNOTE 
Firearms smuggling is a dangerous but profitable criminal enterprise. 
It not only threatens public safety and national security but also endangers 
and oftentimes, takes away the lives even of innocent persons. The 
possession of smuggled firearms more often than not emboldens the person 
in possession thereof to the commission of more serious offenses such as, 
but not limited to, murder, homicide, rebellion, piracy, kidnapping and 
armed 
robbery. 
Firearms smuggling is, one of the transnational organized crimes that 
&ect not only the Philippines and other neighboring Asian countries but 
also the rest of the world. In the international arena, firearms smuggling has 
affected the security, safety and the peace and order situation of the 
countries 
where 
the 
same 
are 
being 
brought 
into. 
During the Ninth UN Congress on Crime Prevention in May 1995 at 
Cairo Egypt, Japan, co-sponsored by 29 other countries, proposed 
Resolution 9, entitled "Firearms Regulation for Pusposes of Crime 
Prevention and Public Safety" for the adoption of measures to regulate 
firearms commonly applicable in Member States, including the prevention 
of transnational illicit trafficking in firearms, with a view to suppressing the 
use of firearms in criminal activities. The proposal was also referred to the 
G8 Senior Experts Group on Transnational Organized Crime, namely Lyon 
Group, and others, to promote the international public awareness on the 
importance of firearms control. As a result of said proposals, a consensus 
was reached among the international community, to elaborate a binding 
international legal instrument to fight the illicit firearms trafficking, as one 
of the protocols to the United Nations Transnational Organized Crime 
Convention. 
The Philippines too is not exempted fiom firearms smuggling. In 'fact, 
it is rated second in terms of the number of firearms that are smuggled into 
Japan. lt is a producer and transhipper of smuggled firearms. The Phrlippines 
is also a final destination of smuggled firearms. The burgeoning illicit trade 
in firearms can be attributed to the lack of anti-firearms smuggling laws in 
the country, our long coastline and the great demand for them by criminal 


syndicates, Muslim secessionists and other militant groups. In our country, 
the fiearms and ammunitions used by the Abu Sayaff are believed to have 
been smuggled into Phlippines via the southern backdoor. Certamly, the 
problem brought about by firearms smuggling poses a serious threat not only 
to the peace and order situation of our country but also to other countries. 
This growing menace must be addressed. 
This bill therefore seeks to address the problem caused by firems 
smuggling by classifying it as a crime, providing stiffer penalties for its 
commission. 
In view of the foregoing considerations, early passage of ths measure 
is earnestly sought. 
PAMLO 
M. LACSON 
Senator 


oo"4 JYFi 
flo 30 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF TKE PHILIPPINES 
I 
First Regular Session 
1 
SENATE 
Senate Bill No. 
I 
I' 
Introduced by SENATOR PANFILO M. LACSON 
AN ACT 
DEFINING 
THE 
CRIME 
OF 
FIREARMS 
SMUGGLING, 
PROVIDING PENALTIES THEREFORE AND FOR 
OTHER 
PURPOSES 
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 as the "Anti- 
Firearms Smuggling Act of 2004." 
SECTION. 2. Statement of Policy. - It is hereby declared the policy of 
the State to maintain peace and order, protect the lives, liberty and property 
of the people and promote public safety. In consonance with this objective, 
the State shall regulate the circulation, transportation, transmission and sale 
of flrearms of whatever kind that may endanger the lives and safety not only 
of its citizens but also the citizens of the country where such firearms are 
illegally brought. Towards th~s end, firearms smuggling is hereby made an 
offense and provided with stiffer penalties for the purpose of preventing if 
not 
totally 
eradicating 
the 
evils 
accompanying 
the 
same. 
SECTION. 3. Defhtions. As used in this Act. 
a) "Firearms Smuggling" - Refers to the act of any person who, 
through the use of any fraudulent machinations, shall import or 
bring into, or export fiom, the Philippines, or assist in so doing, 
any firearm or parts thereof, explosive or ammunition or machine, 
implements, equipments or tools for the manufacture of fiearms. It 
shall likewise refer to the act of any person who, contrary to law, 
shall receive, conceal, buy, sell or in any manner facilitate the 
transportation, concealment or sale of said firearms or parts 
thereof, explosive or awnunition or machine, implements, 
equipments or tools for the manufacture of fiearms, ammunition 
or explosives after importation, knowing the same to have been 
imported contrary to law. 


b) "Firearms" - As used herein, the term includes handguns, 
revolvers, pistols, rifles, muskets, carbines, shotguns, cannons and 
all other deadly weapons from which a bullet, ball, shot, shall or 
other missile may be discharged by means of gunpowder or other 
explosives. The term also includes air rifles and air pistols not 
classified as toys under the provisions of Executive Order No. 712 
dated 28 July 1981. The barrel of any firearm shall be considered a 
complete firearm; 
c) "Explosive" - refers to any substance either solid or liquid, either 
as a mixture of single compound which by chemical reaction 
liberate at hgh speed, heat and gas causing tremendous pressure 
resulting in an explosion, such as gunpowder, powder used for 
blasting, all forms of high explosives, blasting materials, d y d t e ,  
fuses, detonators and detonating agents, smokeless powder, hand 
grenade, rifle grenade, pill box bomb, molotov cocktail bomb, or 
other incendiary devices and other chemical compound or 
chemical mixture that contains any combustible unit or other 
ingredients in such proportion or packing that ignites by fire, by 
friction, by concussion, by percussion, or by detonation of all or 
any part of the compound or mixture causing such a sudden 
generation of highly heated gases that resultant gaseous pressure 
are capable of producing destructive effects on contiguous objects 
or destroying life or limb. 
d) "Ammunition" - refers to loaded shells for rifles, muskets, 
carbines, shotguns, revolvers, pistols and other firearms &om 
which a bullet, ball, shot, shall or other missile may be fired by 
means of gunpowder or explosives. 
e) "Syndicate" - refers to at least three persons organized for the 
pwpose of engaging in firearms smuggling. 
SECTION 4. Acts Constituting the Crime of Firearms Smuggling. - It 
shall be unlawfbl for any person or group of persons to commit any of the 
following acts: 
1. To fi-audulently import or bring into the Phdippines, or assist in so 
doing, any firearm or pal-ts thereof, explosive or ammunition or 
machme, implements, equipments or tools for the manufacture of 
firearm, ammunition or explosive; 
2. To export or attempt to export fiaudulently or giving assistance in 
so doing, any firearm or parts thereof, explosive, ammunition or 
machme, implements, equipments or tools for the manufacture of 
firearm, anxnunition or explosive; 
3. To entice, induce, encourage or persuade another by offer of 
money, gift, an-g 
of value, employment, advantage or other 
considerations, or by threat or use of force, fkaud, deception, 
coercion or abuse of authority, to import or bring into the 
Plulippines, or export fiom the Philippines any firearm or parts 
thereof, 
explosive, 
ammttnition 
or 
machine, 
implements, 


equipments or tools for the manufacture of firem, munition or 
explosive or to cause said fraudulent importation or exportation; 
4. To assist in the conduct of misrepresentation or fi-aud for purposes 
of facilitating the acquisition of clearances and entry or exit 
documents from government agencies or officials that are 
mandated to conduct examinations and inspections of cargoes, 
cartoons, baggage, other containers, cloths or things where the 
firearm, explosive or ammunition could have been packed, placed 
or inserted; 
5. To facilitate, assist and help in the importation and exportation 
frondto the country at international and local airports and seaports 
of firearm or parts thereof, ammunition, explosive, machine, 
implements, equipments or tools for the manufacture of firearms or 
parts thereof, ammunition and explosive through the use of 
unissued, tampered or fake travel documents. 
SECTION 5. Penalties. - Any person engaged in firearms smuggling 
shall be punished by imprisonment of not less than twelve (12) years and 
one day but not more than twenty (20) years and a fine of not less than one 
million (PW 1,000,000.00) but not more than five million pesos (PhP 
5,000,000.00). 
The penalty of reclusion perpetua to death and a fine of five million 
a.) Any government official or employee, who, in order to facilitate 
firearms smuggling, processes, issues or otherwise disposes of any 
document necessary for the importation into the Philippines or 
exportation of any firearm to any person; 
b.) Any person who procures, processes, sells or obtains by fraudulent 
means any document necessary for the importation into the 
Philippines or exportation of any firearms; 
c.) The pilot, master, agent, owner, consignee, or any person in charge 
of a vessel or aircraft who knowingly and intentionally carries 
smuggled firearms, munitions or explosives departing from or 
entering the Philippine territory. The vessel or aircraft used in 
transporting smuggled firearms shall be seized and shall be subject 
to a lien on the penalty that may be imposed upon conviction. 
pesos (PhP 5,000,000.00) shall be imposed upon: 
The penalty of death shall be imposed upon any person who belongs 
to a syndicate engaged in fireanns smuggling, or to the illegal dealers or 
manufacturers of firearms, ammunitions or explosives, or when the 
smuggled firearms, explosives or munitions were used, intended, or in 
furtherance of or incident to, or in connection with the commission of other 
crimes like, murder, armed robbery, terrorism, rebellion, sedition or coup d' 
etat or be used in the assassination of top government officials. The same 
penalty shall be imposed when a government official or employee connives 
with a syndicate in the commission of the crime aforementioned. 


In addition to the penalties provided by the preceding paragraphs, any 
government official or employee shall, upon conviction, be dismissed from 
office and perpetually disqualified to hold public office. 
SECTION 6. Jurisdiction. - Any criminal action arising from any 
violation of this Act shall be filed with the Regional Trial Court of the place 
where the offense was committed. The Court first taking cognizance of the 
case shall exercise jurisdction to the exclusion of other courts. 
SECTION 7. Presumption of Firearms Smuggling. - Possession, 
importation or exportation of any firearm or parts thereof, explosive, 
ammunition or machines, implements, equipments or tools for the 
manufacture of firearm, ampunition or explosive without the necessary 
license to possess, mandacture or to import or export them shall be prima 
facie evidence of firearms smuggling. 
SECTION 8. Programs that Address Firearm Smuggling. - The 
Govement shall establish and implement measures for the prevention of 
firearms smuggling. For this purpose, the following departments and 
agencies are hereby mandated to implement the following programs. 
(a)Department of Foreign M k i r s  - shall make available its resources 
and facilities overseas for the proper monitoring of manufactured 
firearms in their respective foreign posts and explore means to 
further enhance its assistance in eliminating smuggled firearms 
through closer networking with government agencies in the 
country and overseas, particularly in the formulation of policies 
and implementation of relevant programs. 
(b)The Philippine National Police - shall adopt a system of 
monitoring the approximate number of firearms circulating in the 
country, the number of those transported into the Philippines 
legitimately and those produced by licensed manufacturers and 
dealers of firearms for purposes of regulation. It shall likewise 
adopt means of investigation and information from its sources to 
have an approximation of the firearms illicitly transported in and 
outside of the Philippines and cause the seizure, forfeiture and 
even destruction of the smuggled firearms. 
(c)Department of Justice @OJ) - shall initiate the filing of complaints 
involving smuggled firearms and ensure the effective prosecution 
of guilty parties. 
SECTION 9. Reporting Requirements. - The concerned agencies shall 
submit to the President of the Philippines and to Cotgress an annual report 
of the policies, programs and activities relative to the implementation of this 
Act. 
SECTION 10. Fundmg. - The amount needed to implement the 
provisions of this Act shall be charged against the current year's 
appropriation or 
Savirrgs o€ the 
respective agencies concerned. 


Thereafter, such sums as may be necessary for the continuous 
implementation of tlvs Act shall be included in the annual General 
Appropriations Act. 
SECTION 11. Implementing Rules and Regulations. - Within thuty 
(30) days from the effectivity of this Act, an inter-agency coordinating 
committee composed of the departments and agencies mentioned in Section 
8 hereof shall promulgate the rules and regulations to effectively implement 
the provisions of k s  Act. 
SECTION 12. Prescription. - Actions to be filed under the provisions 
of this act shall prescribe after a period oEfour (4) years computed fiom the 
date of the commission of the offense or upon cbscovery by the public 
authorities. 
SECTION 13. Separability Clause. - If any portion or provision of this 
Act is declared unconstitutional, the remainder of this Act or any provisions 
not affected thereby shall remain in force and effect. 
SECTION 14. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are 
hereby repealed, amended or modified accordingly. 
SECTION 15. Effectivity. - This Act shall take effect fifteen (1 5) days 
after its complete publication in at least two (2) newspapers of general 
circulation or in the Official Gazette. 
Approved,