rIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.No. 3335 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5, provides that: 
0\ " 
Sec. 5. The maintenance of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare are 
essential for the enjoyment by all the people of the blessings of 
democracy. 
Firecrackers and pyrotechnic devices have been part of Filipino culture since the time of 
the Spaniards. Churches would use rockets to awaken churchgoers for religious activities such as 
the Misa de Gallo. This tradition is also intertwined with the customs of the early Filipino 
Chinese community. Sadly, every year, the headlines after the celebration of New Year's Eve tell 
of the same stOlY. Both adults and children fall victims to firecrackers. In the latest "celebration," 
newspapers reported that at least 220 were injured. Health Secretary Enrique Ona stated that 
from December 21 oflast year up to January 1 of this year, 413 fire-cracker related injuries were 
reported. There were 498 cases recorded for the same period in 2012. The statistics also reveal 
that most of those injured were children and bystanders who were just observing the festivities. 
51 people sustained eye injuries and 14 needed an amputation of their fingers. However, a total 
ban may cause the proliferation of illicit firecrackers and fireworks and it is not in keeping with 
our culture. We must strike a balance between keeping these festive devices legal and ensuring 
their safe use. 
Republic Act No. 7183 sought to regulate the manufacture, sale, and distribution of 
firecrackers and pyrotechnic devices. Almost 2 decades after it was passed into law, the 
problems it seeks to address still persist. There is thus a need to overhaul this 20 year old law. 
Other countries manage to continue using fireworks and firecrackers with minimal reported 
injuries. This bill is based on California, Hong Kong, and Australian fireworks regulations. It 
limits the time of allowable use, the place of use, who may purchase, and the strength of allowed 
firecrackers and pyrotechnic devices that may be sold and used. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
'}'A"~ 
S. No. 
oJ> OJ b <J 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REGULATE THE USE OF FIRECRACKERS 
AND PYROTECHNIC DEVICES 
, , 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. This Act shall be known as the "Firecracker Regulation Act of 20 12." 
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SECTION 2. Declaration of Policies and Objectives. - The maintenance of peace and 
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order, the protection of life, liberty, and property, and promotion of the general welfare are 
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essential for the enjoyment by all the people of the blessings of democracy. To this end, the State 
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aims to 
ensure the safety of its people by regulating the usc of firecrackers. 
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It is the purpose of this Act to regulate and control the manufacture, sale, distribution and 
lOuse of firecrackers and other pyrotechnic devices consistent with, and in furtherance of, public 
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safety, order and national security, as well as the enhancement of our cultural traditions. 
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SECTION 3. Definition of Terms. - For purposes of this Act, these terms are defined as 
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follows: 
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(a) "Firecracker" is defined as any device that explodes andlor emits a loud sound upon 
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being ignited, including but not limited to baby rockets, bawangs, triangulo, pulling of strings, 
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paper caps, el diablos, watusi, judah's belt, sky rocket, and other similar devices regardless of 
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explosive content. 
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(b) "Pyrotechnic Devices" or fireworks shall refer to products that glow, sparkle, or emit 
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colours or intermittent lights upon being ignited such as, but not limited to, sparklers, luces, 
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fountains, mabuhays, roman candles, trompillo, airwolfs, butterflies, and other kinds of pailaw. 
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(c) "Certified Fireworks Operator" shall refer to a person specially-trained in the use of 
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fireworks and certified by the Philippine National Police. 
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SECTION 4. Prohibited Types of Firecrackers and Pyrotechnic Devices.- The 
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manufacture, sale, distribution and use of other types of firecrackers and pyrotechnic devices of 
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such explosive content that could endanger life and limb, such as atomic big triangulo and super 
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1010 and their equivalent are hereby prohibited. The determination of what constitutes prohibited 
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firecrackers and pyrotechnic devices shall be vested with the Director-General of the Philippine 
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National Police (PNP). Pyrotechnic devices that exceed the allowable explosive content may 
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only be used with a permit from the local government and with a certified fireworks operator. 
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SECTION 5. Age and Labeling Requirements. - Only adults may possess, purchase, or 
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use firecrackers or pyrotechnic devices. Firecrackers and pyrotechnic devices shall bear labels 
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indicating the name and address of their manufacturers and instructions on their safe use written 
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in Filipino and English. Each package shall bear the PNP classification label and the licensee's 
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registration number. 
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SECTION 6. License or Permit Requirements. - License or pernlit to manufacture, sell, 
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and distribute firecrackers or pyrotechnic devices shall be granted after the filing of an 
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application with the Chief of the PNP or through the provincial director of the province where 
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the business or project is located. Applicants based in Metro Manila shall submit their 
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application through the Commanding Officer of the Firearms and Explosives Unite, 
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Headquarters, PNP. A license or permit to manufacture or to deal in wholesale or retail of 
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firecrackers and pyrotechnic devices shall be issued only to: (a) Filipino citizens of good moral 
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character; or (b) entities duly registered with the Bureau of Commerce of the Department of 
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Trade and Industry (DTI) or the Securities and Exchange Commission (SEC). The importation of 
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finished firecrackers and fireworks shall be prohibited. 
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SECTION 7. Aerial pyrotechnics display. - An aerial public pyrotechnics display shall 
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require the following: 
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a) Certified Fireworks Operator; 
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b) the display will be discharged and fIred so that it will not be hazardous to property or 
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persons, and that the adequate fallout zones have been designated that are of a sufficient distance· 
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from the viewing area; 
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c) that the pyrotechnics display will be conducted in a safe location that does not create 
lOan unreasonable risk of fire danger; and 
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d) a permit from the mayor of the city or municipality where the display shall be 
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conducted. 
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SECTION 8. Limitations on the Use of Firecrackers and Pyrotechnic Devices. - The use 
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of firecrackers and pyrotechnic devices shall be limited by the following rules: 
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a) Firecrackers and pyrotechnic devices may only be used from December 18 until 
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Januaty 2 and from the first day of the first month until the fifteenth day of the same month in 
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the traditional Chinese calendar. 
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b) The use of firecrackers and pyrotechnic devices outside of this period may only be 
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allowed with a written permit [rom the mayor or governor of the local government unit where it 
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shall be used. 
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c) No firecracker and pyrotechnic device may be used in residential areas as defined by 
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the local zoning ordinance of the local government unit concerned. 
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d) Each local government unit shall designate a public pyrotechnic display area under 
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their direct supervision to decrease the risk of firecracker injuries. 
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SECTION 9. Penalties. - Any person who violates any provision of this Act shall be 
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punished by a fine of not less than Ten Thousand Pesos (PIO,OOO.OO) nor more than One 
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Hundred Thousand Pesos (PlOO,OOO.OO), or imprisonment of not less than six (6) months or 
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more than one (l) year, or both fine and imprisonment at the discretion of the court. 
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SECTION 10. All laws, presidential decrees, executive orders and rules and regulations 
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or part thereof, contrary to, or inconsistent with the provisions of this Act, are hereby repealed or 
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modified accordingly. 
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SECTION 11. Should any provision of this Act be found unconstitutional by a court of 
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law, such provision shall be severed from the remainder of this Act, and such action shall not 
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affect the enforceability of the remaining provisions of this Act. 
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SECTION 12. This Act shall take effect fifteen (15) days after its complete publication in 
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any two (2) national newspapers of general circulation. 
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