FOURTEENTH CONGRESS OF THE 
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Second Regular Session 
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SCP 1L 
REPUBLIC OF THE PHILIPPINES 
S. NO. 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
Article XVIII, Section 24 of the Constitution declares that private armies and other 
groups not recognized by duly constituted authority shall be dismantled. However, up 
until now, no law has been enacted to penalize private m i e s  and other armed groups. 
The culture of fear still prevails especially during elections, brought about chiefly by the 
existence of local warlords and their private armies. 
Politicians usually hire goons and build up private armies not only for their protection but 
also for intimidation of opponents. According to military reports in 2001, some 100 
private armies were behind about 80% of election-related violence. A special military 
task force estimates that these private armies are responsible for 68 of the 98 deaths 
recorded in the 2001 elections.’ There have been a number of documented abuses 
committed by these groups but due to lack of clear-cut government policy guidelines, 
they have not been curbed, instead, they have remained strong. Conversely, their strength 
has rendered the State weak and unable to protect its citizenry. 
In this light, this bill seeks to provide the Executive with the appropriate policy 
framework to address the problem of private armies. It defines “private army” and 
“private armed group”, and lays down penalties for leaders, protectors, financiers, 
suppliers, and members of such groups. It is hoped that the enactment of this measure 
will empower the State to curb and eventually put a halt to the anarchy of abusive 
government officials and private citizens. 
In view of the foregoing, approval of this measure is earnestly sought. 
AN‘~‘ON% “SONNY” F. TRILLANES IV 
Senator 
’ Patino, Patrick., Velasco, Djorina. Election Violence in the Philippines. Friedrich Ebert StfRune, Online 
Papers. Information retrieved from: httu://~.fes.or~.u~uauers 
elecviolence.htm# ednl. Retrieved on 
24 July 2008. 


FOURTEENTH CONGRESS OF THE 
) 
Second Regular ,Session 
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X P  lii 
I 
REPUBLIC OF THE PHILIPPINES 
SENATE 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
DEFINING 
“PRIVATE 
ARMIES 
AND 
OTHER 
ARMED 
GROUPS”, 
IMPLEMENTING THE CONSTITUTIONAL PROVISION FOR THEIR 
DISMANTLING. PRESCIUBING PENALTIES THEREFOR, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as “The Anti-Private Army Law qf 
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2008.” 
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following are prohibited 
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a. maintenance anduse of private armies; 
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b. abuse of the utilization of the military and police personnel as security detail; 
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c. abuse of various permits pertaining to firearms, as well as the unregistered 
SEC. 2. Declaration of Policy. - Private armies and other armed groups not 
recognized by duly constituted authority shall be dismantled. Toward this end, the 
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importation thereof; 
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d. utilization of the paramilitary forces and private security agencies as private armies; 
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and 
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armies. 
e. protection, financing, supplying or otherwise giving aid and comfort to private 
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and weaponry, utilized for: 
SEC. 3. Definition of Terms. - 
a. Private Army - is a group of at least ten (10) individuals, with a leadership structure 


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1. the coinmission of crimes; 
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2. the advancementlprotection of vested political or economic interests of an 
individual, family, clan or private group in an oppressive way, such as by way of 
bodyguards, intimidation force or mercenaries. 
This also refers to authorized government armed groups which no longer possess 
strategic or tactical value in the maintenance and administration of peace and order. 
This definition does not include rebel armies or units such as those of the CPP-NPA- 
NDF; MNLF; and MILF. But it includes the so-called “lost commands”, as well, as 
paramilitary forces and private security forces utilized for the advancement 
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b. Private Armed Group 
is a group not recognized by duly constituted authority, 
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consisting of at least three (3) individuals with weaponry, utilized in the same way as 
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a private army; 
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organization and activities; 
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thereof; 
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c. “Recognized by the duly constituted authority” - means authorized by law or in 
accordance with law, and operating according to law. This includes duly registered 
private security agencies and gun clubs, as long as they are not utilized for the 
advancement/protection of vested political or economic interests. But there are no 
private armies recognized duly constituted authority; 
d. Dismantling - or “Paglalanmg” in Filipino, refers to the disbandment, disarming, 
demobilization or dissolution of private armies, as well as the arrest and prosecution 
of those involved, or their voluntary surrender of firearms and abandonment of their 
e. Government Connection - cover the areas pertaining to government units, civil 
service, the PNP and the AFP where officials and any personnel thereof are found to 
be leaders, members, protectors, financiers or suppliers of private armies, or are 
otherwise benefiting economically or psychologically from the existence or activities 
f Leadership - pertains to personalities who maintain andor use private armies, control 
the actions or activities thereof, provide the direction or “brains” thereof, or otherwise 
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by private armies; 
get the most economic or psychological advantage out of the existence or activities 
g. Membership - refers to those who directly participate in activities of private armies 
without falling within the definition of leadership, are accomplices or accessories as 
defined by the Revised Penal Code to the criminal activities thereof. 
h. Weaponry - covers all types of weapons, firearms, explosives, and ammunition used 
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i. Financial and Logistical Resources 
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include all forms of transportation, 
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communication, safe houses, bank accounts, businesses, money-producing activities, 
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sources of weaponry, front organizations, etc., which private armies used to support 
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their existence or activities; 
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SEC. 4. Penalties for Leaders and Members. - 
a. Leaders - Any leader or private army or private armed group shall be punished by 
imprisonment of not less than twelve (12) years and one (1) day nor more than twenty 
(20) years, or by a fine of not less than Two Hundred Thousand Pesos (P200,OOO.OO) 
nor more than One Million Pesos (Pl,OOO,OOO.OO), or both such imprisonment and 
fine, at the discretion of the court, taking all circumstances into consideration; 
b. Public Oficer -If the leader is also a public officer, he shall, in addition, be punished 
with perpetual absolute disqualification and subject to administrative sanctions; 
c. Juridical Person - If the leadership uses the veil or a juridical person, the responsible 
officers thereof shall also be punished as leaders. In addition, its registration, license 
or permit shall be cancelled or revoked; 
d. Alien - If the leader is an alien, he shall, after serving its penalty, be deported. 
e. Protectors, Financiers, or Suppliers - shall be treated and punished as leaders 
f. Members - Any member of the private army or private armed group shall be punished 
by imprisonment of not less than six (6) years and one (1) day nor more than twelve 
(12) years, or by a fine of not less than Fifty Thousand Pesos (PS0,OOO.OO) nor more 
than Two Hundred Thousand Pesos (P200,000.00), or both such imprisonment and 
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fine, at the discretion of the court taking all circumstances into consideration. If the 
member is also a public officer, he shall, in addition, be punished with temporary 
absolute disqualification and subject to administrative sanctions. 
SEC. 5. Confiscation of Weaponry. - All weaponry of private armies and private 
armed groups shall be confiscated, whether licensed or not. The same shall be disposed 
of under existing policies, particularly for firearms, explosives, and ammunition. 
SEC. 6. Abuse of Security Detail. - This shall include but not limited to the 
following forms: 
a. excess number of military or police personnel as security detail for Vely Important 
Persons (VIP) under existing policies; 
b. utilization of an allowable security detail for the advancementlprotection of the vested 
political or economic interests, including for criminal or oppressive acts; 
c. utilization of unauthorized personnel as security detail; and 
d. formation of so-called civil security units. 
Those responsible shall be punished with imprisonment of not less than six 96) years and 
one (1) day nor more than twelve (12) years, or by a fine of not less than Fifty Thousand 
Pesos (P50,OOO.OO) nor more than Two Hundred Thousand Pesos (P200,000.00), or both 
such imprisonment and fine, at the discretion of the court, taking all circumstances into 
consideration. If the offender is also a public officer, he shall, in addition, be subject to 
administrative sanctions. 
SEC. 7. Abuse of Firearms Permits. - This shall include but not limited to the 
following forms: 
a. violation of existing policies on the ban on the carrying of firearins outside of 
residence, issuance of Memorandum Receipts MRs), Mission Orders (MOs), and duty 
detail orders; 
b. unauthorized issuance of MRs and MOs to carry firearms; 
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c. unauthorized acquisition of firearms by government units; and 
d. unabated importation of firearms which are registered in accordance with existing 
laws. 
Those responsible shall be punished as in Sec. 5, without prejudice to liability for illegal 
possession of firearms and violations of other applicable laws. 
SEC. 8. Paramilltaiy Forces as Private Armies. - Paramilitary forces, such as 
the CAFGU’s and CVOs, utilized as private armies, or which no longer possess strategic 
or tactical value in the maintenance and administrative of peace and order, shall be 
immediately dismantled, demobilized or dissolved. Erring personnel shall be immediately 
dismissed. 
SEC. 9. Security Agencies as Private Armies. - Private security agencies utilized 
as private armies shall Iikewise be dismantled or disarmed, and their registration canceled 
or revoked. Private security forces shall be regulated against their utilization for the 
advancement /protection of vested political or economic interests beyond legitimate 
security needs. No public officer shall own or operate any private security agency. A 
violation of the latter prohibition shall subject the public officer to administrative 
sanctions and the private security agency to cancellation of registration. 
SEC. 10. Priorities. - The DILGPNP, DND/AFP, DOJNBI shall give priority to 
dismantling of private armies to the following: 
a. large and long-existing private armies; 
b. private armies with government connections; 
c. paramilitary forces and private security forces utilized as private armies; 
d. private armies with formidable weaponry and financialilogistical sources; and 
e. leaders, protectors, financiers and suppliers of private armies. 
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SEC. 11. Sanction on Unit Commanders and Heads. - Unit commanders or 
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heads of law enforcement units who are negligent in dismantling private armies in their 
respective areas of responsibility shall be subject to administrative sanctions. 
SEC. 12. Incentives. -The full range of incentives shall be applied to dismantling 
of private armies, including but not limited to the following: 
a. rewards and incentives to government witnesses and informants; 
b. immunity form criminal prosecution to government witnesses; 
c. state witness rule; 
d. witness protection program; 
e. non-prosecution for voluntary surrender of weaponry and voluntary disbandment 
within a specified period; 
f. incentives for voluntary. surrender of firearms as in the “balik-6aril” program; and 
g. promotion and incentives for meritorious action of law enforcement units. 
SEC. 13. System of Monitoring. - There shall be set into a system of monitoring 
the following, among others: 
a. surrendered or confiscated weaponry and financialilogistical resources; 
b. surrendered and demobilized members especially with connections to or in 
connection with the AFP, PNP, CAFGUs, CVOs, and the like; 
c. security detail for the VIPs; and 
d. various permits to pertaining to fireanns, including importation thereof. 
SEC. 14. Special Prosecutors. - The DOJ, in coordination with the Regional 
State Provincial and City Prosecutors, shall designate at least two (2) special prosecutors 
per province and city to handle prosecution under this Act. 
SEC. 15. Jurisdiction. - The Regional Trial Courts shall have original and 
exclusive jurisdiction overall case involving offenses punishable under this Act. The 
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Supreme Court may also designate at least two (2) special branches of the RTC per 
province and city to hear such cases. 
SEC. 16. Oversight Committee. - Within thirty (30) days upon the removal of 
this Act, there shall be formed an Oversight Committee composed of the following: 
Chairperson 
Secretary, DILG 
Members 
Secretary, DND 
Secretary, DOJ 
Presidential Adviser on the Peace Process 
Director-General, PNP 
Chief-of-Staff, AFP 
Director, NBI 
Two (2) Senators (designated by the Senate President) 
Two (2) Representatives (designated by the Speaker) 
SEC. 17. Zmplementing Rules. - Within thirty (30) days form the formation of 
the Oversight Committee, it shall issue the necessary rules and regulations for the 
effective implementation of this Act witbout prejudice to the implementation of 
provisions that do not need implementing rules. 
SEC. 18. Appropriations. - The amount necessary for the dismantling of private 
armies shall be charged to the appropriation of the DILG under the current General 
Appropriations Act. Thereafter, such amount as may be necessary for the continued 
dismantling of private armies shall be included in the annual GAA. 
SEC. 19. Separability Clause. -If for any reason, any section or provision of this 
Act, or any portion thereof, or the application of such section, provision, or portion 
thereof to any person, group or circumstances is declared invalid or unconstitutional, the 
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remainder of this Act shall not be affected by such declaration. 
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circulation. 
SEC. 20. Repealing Clause. - All laws, decrees, orders, rules, and ordinances 
inconsistent with this Act are hereby repealed or amended accordingly. 
SEC. 21. Eflectivity. - This Act shall take effect immediately following its 
publication in at the Oflcial Guzette or in at least two (2) national newspapers of general 
Approved, 
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