THIRTEENTH CONGRESS OF THE REPDLIC 
OF THE PHILIPPINES 
First Regular Session 
I 
AUG -3 P3 22 
S E N A T E  
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S.B.No. 
16 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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The Constitution, Article II, Section 5, provides: 
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The Maintenance of peace and order, the protection o f 1 ife, 1 iberty, and 
property, and the promotion of the general welfare are essential for the enjoyment 
by all the people of the blessing of democracy. 
The passage and implementation of laws, such as Rep. Act No. 8294, regulating the 
possession, manufacture, dealing in, acquisition, or disposition of firearms, munition, or 
explosives or instruments used in the manufacture of such, are one of the means employed by the 
State to comply with the constitutional mandate. 
Unfortunately, news accounts of shooting incidents or crimes still abound. An example 
is ihe controversial killing of a family housemaid by a seven-year old boy because she switched 
the television channel i?om “Robocop” to a local program Manila Chronicle. “Television in the 
age of violence,” 13 January 1994, p. 13). Another more recent incident, is the shooting 
rampage in Colorado where two (2) teenagers opened fire on classmates in their suburban high 
school, killing at least sixteen (16) people (Philippine Daily Inquirer, “16 killed in US school; 
killers laugh d, hooted.” 22 April 1999, p. 1). 
This ill aims to decrease shooting incidents or crimes by requiring the manufacturers to 
incorporate i 
ithin its design and as part of its original manufacture, certain technology, or 
locking devices, that will prevent the firing of a handgun by unauthorized or unrecognized users, 
especially children. 


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 I 
H CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B.No. 16 
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Introduced by Senator Miriam Defensor Santiagcrz 
AN ACT 
TO PROVIDE FOR CHILDPROOF HANDGUNS 
Be it enacted by Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short title. - This Act may be cited as the “Childproof Handgun Act.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to maintain peace and 
order, protect life, and promote the general welfare of the people. 
SECTION 3. Definition of terms. -As used in this Act the following terms shall mean: 
(1) “Childproof’ means, with respect to a firearm which is a handgun, a handgun 
which incorporates within its design and as part of its original manufacture technology that - 
(A) automatically limits the operational use of the handgun; 
(B) is not capable of being readily deactivated; 
(C)ensures that the handgun may only be filed by an authorized or 
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recognized user. 
(2) The “technology” referred to in subparagraph (1) includes - 
(A) radio tagging; 
(B) touch memory; 
(C) remote control; 
@)fingerprint; 
(E) magnetic encoding; and 
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(F) other automatic user identification systems that utilize biometrics, 
echanical, or electronic systems. 
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(3) “Locking device” means - 
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(A) a device that, if installed on a firearm and secured by means of a key 
or a mechanically, electronically, or electromechanically operated combination 
lock, prevents the firearm from being discharged without first deactivating or 
removing the device by means of a key or mechanjcally, electronically, or 
electromechanically operated combination lock; or 
(€3) 
a locking mechanism incorporated into the design of a firearm that 
prevents discharge of the firearm by any person who does not have access to the 
key or other device designed to unlock the mechanism and thereby allow 
discharge of the firearm. 
SECTION 4. Unlawful Acts - 
(1) IN GENRAL - except as provided in paragraph (2), beginning three (3) years 
Handgun Act, it shall be unlawful for any licensed 
dealer to sell, deliver, or transfer any handgun to 
licensed importer, or licensed dealer, unless the 
(2) EXCEPTIONS -Paragraph (1) does not apply to - 
handgun is childproof. 
(A) the manufacture for, transfer to, or possession by, the Republic of the 
Philippines, or a department or agency of the state, or political subdivision of a 
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State, ofa handgun; or 
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@)transfer to, or possession by, a lawful enforcement officer of a 
handgun for law enforcement purposes (whether on or off-duty). 
SECTION 5. Locking Devices and Warnings. - 
(1) IN GENERAL - Except as provided in paragraph (2), beginning ninety (90) 
days after the date of enactment of the Childproof Handgun Act, it shall be unlawful for my 


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licensed manufacturer, licensed importer, or licensed dealer to sell, 3eliver, or transfer any 
handgun - 
(A) to any person other than a licensed manufacturer, licensed importer, or 
licensed dealer, unless the transferee is provided with a locking device for that 
handgun; or 
@)to any person, unless the handgun is accompanied by the following 
warning, which shall appear in conspicuous and legible type in capital letters, and 
which shall be printed on a label affixed to the handgun on a separate sheet of 
paper included within the packaging enclosing the handgun: 
“THE USE OF A LOCKING DEVICE FOR SAFETY LOCK IS 
ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. 
FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A 
LOCATION 
THAT 
IS 
BOTH 
SEPARATE 
FROM 
THEIR 
AMMUNITION AND INACCESSIBLE TO CHILDREN. 
FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM 
MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER THE LAW.” 
(2) EXCEPTIONS -Paragraph (1) does not apply to - 
(A) the manufacturer for, transfer to, or possession by the Republic of the 
Philippines, or a department or agency of the State, or political subdivision of a 
State, of a handgun; or 
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(B) transfer to, or possession by, a law enforcement officer of a handgun 
for law enforcement purposes (whether on or off-duty). 
SECTION 6 .  Penalties. - Any p erson who violates this Act shall b e imprisoned for a 
period of six (6) years and one day to not more than twelve (12) years, or be subjected to 
suspension, revocation of license, or a civil penalty in an amount equal to but not more that Five 
Million Pesos (P5,000,000.00). 


SECTION 7. S eparability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of i nstruction, administrative order, rule or regulation c ontrary t 0, o r  inconsistent 
with, the provision of this Act is hereby repealed, modified, or amended accordingly. 
oved, 
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