fot
[> RECEIVED

= Soa ech miro a oaTE November 8, 2022 {jy
NINETEENTH CONGRESS ‘4 BY
First Regular Session Ko
4
HOUSE BILL NO.5914

Introduced by Representative Rex Gatchalian

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

EXPLANATORY NOTE

Several regulations have been enacted to regulate the sale, manufacture,
distribution, and use of firecrackers and other pyrotechnic devices, such as Republic
Act No. 7183 and Executive Order No. 28, s. 2017. Data from the Department of
Health (DOH) shows that these have been effective in minimizing fireworks-related
injuries. From 21 December 2021 to 1 January 2022, such injuries were lowered by
11% compared to the same period in 2021.! Furthermore, cases for the year of 2021
was 85% lower than the 340 total cases reported in 2020 and that the number of
cases in 2021 is 89% lower than the five-year average (2015-2019).?

Nonetheless, minors and young adults between 11 to 30 years old were still
injured the most, and prohibited firecrackers, such as Boga, 5-Star, and Piccolo, still
caused a significant number of cases. It is also worth noting that 58% of the cases
were passive spectators or bystanders, and more than half of the cases (i.e., 58%)
occurred at home and 45% happened in the streets.

* Department of Health, DOH: FILIPINOS ENJOYED A SAFER AND HEALTHIER NEW YEAR CELEBRATION WITH
LOWER FIREWORKS-RELATED INJURIES (1 January 2022), available at https:/ /doh. gov.ph /Press-release /DOH.
FILIPINOS-ENJOYED-A-SAFER-AND- HEALTHIER-NEW-YEAR- CELEBRATION. WITH-LOWER-FIREWORKS-
RELATED-INJURIES

? Department of Health, DOH REPORTS 85% DECREASE IN FIREWORKS INJURIES FOR 2021 (01 January 2020),
available at _https://doh.gov.ph / press-release / DOH-REPORTS-85%25-DECREASE-IN-FIREWORKS-INJURIES-
FOR-2021


‘This bill proposes a total ban of the sale, distribution, and use of firecrackers
and other pyrotechnic devices - under the pain of imprisonment, fine, or both - in
other to further reduce and even eliminate fireworks-related injuries. The bill
nonetheless includes an exception to this ban, in recognition of the value of fireworks
in specific instances and occasions. The corporation or entity availing of this
exception must first apply for a special permit from the Philippine National Police ~
Fire and Explosives Office (PNP-FEO). Furthermore, upon presentation of the special
permit, the local government unit concerned may only allow fireworks in areas
designated areas. The fireworks display shall also be done only by professionals who
are technically equipped with skills and knowledge on the use of fireworks.

In view of the foregoing, the passage of this bill is earnestly sought.

|. REX GATCHALIAN
Representative
District, Valenzuela City


SOXIYAKHAWNH

11
12
13
14
15
16
Iz,
18
19
20

Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No.9914

Introduced by Representative Rex Gatchalian

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

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 “Firecrackers
Prohibition Act of 2022.”

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 principles that allow the people to fully enjoy the blessings of democracy.
To this end, the State aims to ensure the safety of the people by regulating the sale,
distribution, and use of firecrackers and other pyrotechnic devices, and specifying

the areas where firecrackers and pyrotechnic devices may be used.

SEC. 3. Prohibited Acts. - Except as provided under Section 4 of this Act, it
shall be unlawful for any person, natural or juridical, to:
a) Manufacture, sell or offer for sale, distribute, possess, or use any
firecracker or pyrotechnic device or such other similar devices; and
b) Discharge or explode, or cause to discharge or to explode, any firecracker,

or any other explosive or to use any pyrotechnic device or any such other
similar device.

SEC. 4. Exception on the prohibition of Firecrackers. ~Any corporation or entity

that requires the use of fireworks and other pyrotechnic devices for its fireworks


OMNAKDA ONY

display shall apply for a special permit from the Philippine National Police - Fire and
Explosives Office (PNP-FEO).

Upon presentation of the special permit, the Local Government Unit (LGU)
concerned may only allow fireworks in areas specifically designated and authorized
by the LGU where it will be held; Provided, That the fireworks display shall be done
only by professionals who are technically equipped with skills and knowledge on the
use of firecrackers.

SEC. 5. Penalties. - Violation of any of the provisions of Section 3 of this Act
shall be penalized as follows:

a) For the first offense, a fine of One Thousand Pesos (P1,000.00) or
imprisonment of not more than One (1) month but not less than twenty
(20) days, or both fine and imprisonment at the discretion of the Court;

b) For the second offense, a fine of Three Thousand Pesos (P3,000.00) or
imprisonment of not more than Three months but not less than One (1)
month, or both fine and imprisonment, at the discretion of the Court;

©) For the third offense, a fine of Five Thousand Pesos (P5,000.00) or
imprisonment of not more than Six (6) months but not less than Three (3)
months, or both fine and imprisonment, at the discretion of the Court.

If the violation is committed by a business establishment, the President
or General Manager or the person, acting in behalf of either the President or
General Manager shall be held liable in the case of corporation or partnership,
or the owner or proprietor or the person acting in his behalf shall be held
responsible in the case of a single proprietorship or a One Person Corporation.

In addition to the foregoing penalties, the business permit of the
business establishment shall be cancelled by the City Mayor of the LGU where

it is located, upon the commission of the third offense.

SEC. 6. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the Secretary of the Interior and Local Government, the
Director-General of the PNP, and the Chief of the Bureau of Fire Protection, 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. 7. 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.

SEC. 8. Repealing Clause. ~ All other laws, presidential decrees or issuances,
executive 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.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation in the

Philippines.

Approved,