FIFTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
SENATE 
Senate Bill No. 2786 
Introduced by: SENATOR LACSON 
j,ermt~ 
{~{fl;r of tile ~Htrbrg 
'11 
MAR 31 
P5:56 
======================================================= 
EXPLANATORY NOTE 
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 affect 
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 Purposes 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 from firearms smuggling. In fact, it is 
rated second in terms of the number of firearms that are smuggled into Japan. It is a 
producer and transhipper of smuggled firearms. The Philippines 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 firearms and 
ammunitions used by the Abu Sayaff are believed to have been smuggled into 
Philippines via the southern backdoor. Certainly, 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 firearms 
smuggling by classifying it as a crime, providing stiffer penalties for its commission. 
In view of the foregoing considerations, early passage of this measure is 
earnestly sought. 
PA~ACSON 
C]S-e~at~~ 


~Cl1lttr 
FIFTEENTH CONGRESS OF THE REPUBLIC} 
Il}ff,;r l1f til' ~fml"~ 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
'11 
MAR 31 
P5:56 
SENATE 27Bf'! 
Senate Bill No. 
U 
Introduced by: SENATOR 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 201 1." 
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 firearms 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 this 
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. Definitions. 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 
from, 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 firearms. 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 ammunition or machine, implements, equipments or 
tools for the manufacture of firearms, 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 high 


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, dynamite, 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 from 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 purpose of 
engaging in firearms smuggling. 
SECTION 4. Acts Constituting the Crime of Firearms Smuggling. - It 
shall be unlawful for any person or group of persons to commit any of the following 
acts: 
1. To fraudulently import or bring into 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 firearm, 
ammunition or explosive; 
2. To export or attempt to export fraudulently or giving assistance in so 
doing, any firearm or parts thereof, explosive, ammunition or machine, 
implements, equipments or tools for the manufacture of firearm, 
ammunition or explosive; 
3. To entice, induce, encourage or persuade another by offer of money, gift, 
anything of value, employment, advantage or other considerations, or by 
threat or use of force, fraud, deception, coercion or abuse of authority, to 
import or bring into the Philippines, or export from the Philippines any 
firearm or parts thereof, explosive, ammunition or machine, implements, 
equipments or tools for the manufacture of firearm, ammunition or 
explosive or to cause said fraudulent importation or exportation; 
4. To assist in the conduct of misrepresentation or fraud 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 fromlto 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 (Php 
1,000,000.00) but not more than five million pesos (Php 5,000,000.00). 
The penalty of reclusion perpetua and a fine of five million pesos (Php 
5,000,000.00) shall be imposed upon: 
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, ammunitions 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. 
d.) Any person who belongs to a syndicate engaged in firearms smuggling, 
or to the illegal dealers or manufacturers of firearms, ammunitions or 
explosives, or when the smuggled firearms, explosives or ammunitions 
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 
jurisdiction 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, 
ammunition or explosive without the necessary license to possess, manufacture or to 
import or export them shall be prima facie evidence of firearms smuggling. 
SECTION 8. Programs that Address Firearm Smuggling. -
The 
Government 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 Affairs - sha1l 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 (DOJ) - shall initiate the filing of complaints 
involving smuggled firearms and ensure the effective prosecution of 
guilty parties. 
SECTION 9. Reporting Requiremeuts. - The concerned agencies shall 
submit to the President of the Philippines and to Congress an annual report of the 
policies, programs and activities relative to the implementation of this Act. 
SECTION 10. Funding. - The amount needed to implement the provisions of 
this Act shaH be charged against the current year's appropriation or savings of the 
respective agencies concerned. Thereafter, such sums as may be necessary for the 
continuous implementation of the Act shall be included in the annual General 
Appropriations Act. 
SECTION 11. Implementing Rules and Regulatious. - Within thirty (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 this 
Act. 
SECTION 12. Prescription. - Actions to be filed under the provisions of 
this act shall prescribe after a period of four (4) years computed from the date of the 
commission of the offense or upon discovery 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 (15) days after 
its complete publication in at least two (2) newspapers of general circulation or in 
the Official Gazette. 
Approved,