* 3:21
Republic of the Philippines TIME pm
HOUSE OF REPRESENTATIVES

Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 7818 _

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT

PROTECTING AIRCRAFTS, VESSELS, AND THEIR CREWS AND PASSENGERS
FROM DANGEROUS LASER BEAMS

Explanatory Note

There are existing Philippines laws and regulations on the use of laser devices
within Philippine territory.

The use of laser as a firearms accessory is subject to Republic Act No. 10591,
otherwise known as the Comprehensive Firearms and Ammunition Regulation Act,
dated 29 May 2013. The law imposes a higher penalty on any person possessing an
unregistered firearm that is “fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal weapon sight (TWS) and the
like.”! The law, however, does not prohibit the use of laser as an accessory of a
registered firearm; it merely subjects the firearm to a higher registration fee.?

On 28 July 2010, Congressman Antonio Lagdameo introduced House Bill No.
1860, An Act Regulating the Sale, Manufacture, Distribution and Use of Laser
Pointers, Providing Penalties for Violation thereof and for Other Purposes. The bill
proposed to prohibit Class 3B and Class 4 laser pointer devices, and to penalize the
manufacture, sale, distribution and use thereof. On 18 July 2011, Senator Antonio
Trillanes introduced Senate Bill No. 2888, An Act Defining the Offenses of Assault
Using a Laser Device and Aggravated Assault Using a Laser Device and Imposing
Penalties Thereon. The bill noted increasing incidents in the Philippines and abroad
of temporary blindness suffered by airline pilots due to laser beams emanating from
residential and commercial areas. It proposed to define as a crime of assault the
use of a laser pointer, pen or similar device to distract, annoy or attack another

* Section 28.e(2)
? Registration of weapons with laser accessories is subject 1o Napolcom Resolution No, 01-14 dated S September 2014,

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person, It further proposed to consider such assault as aggravated if directed
against a person operating a motor vehicle, airplane, helicopter or ship at sea, The
bills did not pass into legislation.

In the area of civil aviation, Republic Act No. 9497, otherwise known as Civil
Aviation Authority Act, dated 4 March 2008, merely provides that the Board of
Directors of the Civil Aviation Authority of the Philippines (CAAP) may “prohibit or
regulate the establishment and operations of electrical, electronics, sound,
magnetic, laser, or other electronic gadgets, equipment or installations which will
tend to interfere with or impair air navigation in accordance with the international
standards and recommended practices on airports, as recommended by the
[International Civil Aviation Organization or ICAQ].” ICAO has already issued a
Manual on Laser Emitters and Flight Safety (2003),? Annex 14 Standards and
Recommended Practices for Aerodromes (2004)* and RASG-Mid Safety Advisory -
12 (2017), § all of which recommend the designation of a laser-beam free flight zone
(LFFZ), a laser-beam critical flight zone (LCFZ), a laser-beam sensitive flight zone
(LSFZ), a normal flight zone (NFZ), and protected flight zones (PFZ). Accordingly,
the CAAP adopted a Manual of Standards for Aerodomes (2017) establishing the
foregoing flight zones and restricting the use of laser emitters with visible beams,
except those operated by the authorities.6 However, the CAAP did not impose any
penalty or fine for breach of the restriction. In Memorandum Circular No. 015-17
dated 12 May 2017, CAAP merely undertook that “adequate steps shall be taken to
prevent emission of laser beams from adversely affecting flight operations.” It is
notable that under Republic Act No. 6235, otherwise known as An Act Prohibiting
Certain Acts Inimical to Civil Aviation, and for Other Purposes, dated 19 June 1971,
the use of laser devices is not among the acts penalized as interference with flight
navigation.”

In the area of maritime navigation, the International Maritime Organization
(IMO) has not issued safety standards relating to laser beams. However, some
countries like the US have adopted regulations against civilians aiming certain
types of laser beams at ships at sea. At the same time, however, the US has
authorized the installation of its Laser Weapon System (LaWS) on warships, such
as USS Ponce.? Thus, the prohibition applies only to civilians using the device.

> See skybrary.aerosites/defauliles/bookshelf3849,pdF,
4 See edisciplina.usp.be/pluginfile,php/5918 1 18/coursesection/6091447/ANEXO_14_Vol,_L pf
$ See ww,icaoin/MID/Documents/2016/RSCS/RSA%2012-%201 aser2420A tacks*20Safety*420Guidelines pa
See caap.gov.ph/p-contenvuploads2 Acrodromes-2nd-Edition-I-I.pdf. In the United States, the law
punishing the intentional aiming of a laser pointer at an airraft provides for exceptions: the use of laser pointers by
Authorities; and the use of laser pointers to signal distress, See 18 U.S. Code § 39A - Aiming a laser pointer at an
aircraft

7 Inthe US, the Federal Aviation Authority issued a regulation that "[n Jo person may assault, threaten, intimidate, or
interfere with a crewmember inthe performance ofthe crewmembers duties aboard an aircraft being operated.” S
CER. § 91.1 This provision was interpreted to

* See 46 U.S. Code § 70014 - Aiming laser pointer at vessel, at

uscode house gov/slatviewer me=134&epage=4709; UK Laser Misuse (Vehicles) Act 2018;

° Sce US Congressional Research Service, Navy Shipboard Lasers for Surface, Air, and Missile Defense: Background
and Issues for Congress, Navy Shipboard Lasers: Background and Issues for Congress,

21 December 2022 at sep fas.ong/rs/weapons/R44175 pa.



In the Philippines, there is no law regarding laser devices being aimed at sea
vessels, Consequently, the Department of Transportation (DOTr)); Maritime
Industry Authority (Marina); and Philippine Coast Guard (PCG) have not adopted

any regulation on the matter.

With respect to fishing vessels, Republic Act No. 8550, otherwise known the
Fisheries Code, dated 25 February 1998, and Republic Act No. 10654, otherwise
known as the Illegal, Unreported and Unregulated Fishing Act, dated 27 February
2015, prohibit the use of fishing superlight attractors in municipal waters and bays.
As detailed in Administrative Order No. 262, s. 2018, the prohibition does not apply
beyond municipal waters. Based on the definition in these laws and regulation, a
superlight is dispersed and therefore not similar to a laser beam.1°

Finally, in the area of international law, the Protocol on Blinding Laser
Weapons, Protocol IV of the 1980 Convention on Certain Conventional Weapons,
prohibits the use of laser weapons whose combat design is to cause permanent
Dlindness.!! The protocol does not prohibit other laser weapons that are not
designed to cause permanent blindness.!2 Moreover, the protocol is in force only
during international and non-international armed conflict;!* It has no application
during peacetime.!* For this reason, sovereign states have to enter into bilateral
agreements on the use of laser weapons during peacetime. Absent such
agreement, the development, testing and actual use of laser weapons by a sovereign
state would not be considered contrary to international law, for, in fact, major
military powers have been developing and testing laser weapons. 1 Individual states
may, of course, pass legislations prohibiting or regulating such laser weapons.
However, these national laws may only apply within their respective territories, and
not beyond their territorial seas.” They may not be enforced against the military
vessels of a foreign state or commercial vessels that are devoted by said foreign
state to a governmental purpose, as such vessels enjoy sovereign immunity, even
while they are situated within the territory of another state.!*

In view of the foregoing legal and regulatory gaps, a legislation is needed to
protect aircrafts, shipping vessels, fishing vessels, and their crews and passengers
from death, injury or damage to property resulting from any permanent or
temporary blindness intentionally or accidentally caused by laser beams, while said

"© Section 4.61, Section 44, Section 61 and Section 93, Republic Act No 8550, 28 February 1998; Section 44, Republic
‘Act No. 10654, dated 27 February 2015.

2024 UNTS 163.

Article 1, ibid.

Article 2, ibid.
1 Article 1, Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be

Deemed to Be Excessively injurious or to Have indiscriminate Effects, 1342 UNTS 163. Itrelates to Article 2, Geneva
Convention for the Amelioration of the Condition ofthe Wounded and Sick in Armed Forces in the Field, 12 August
1949, 75 UNTS 2, which states that it“shall apply to all cases of declared war or of any other armed conflict whic
arise between two or more ofthe High Contracting Parties, even ifthe state of war isnot recognized by one of them.
¥ See Agreement between the United States and Soviet Union on the Prevention of Dangerous Military Activities, 1566
UNTS 309; Agreement between the Canada and Soviet Union on the Prevention of Dangerous Military Activities, 1852
UNTS 239.
 2M-87 “Portable Laser Disturber” by China, AN/S
Korea.
"The MIV "SAIGA" (No. 2) Case (Saint Vincent and the Grenadines v. Guinea).
The "ARA Libertad” Case (Argentina v, Ghana), Provisional Measures.

3

3 Laser Weapon System by the US, and Block 2 by South



aircrafts or vessels are situated within Philippine territory, territorial sea and
airspace.

Hence, the passage of this bill proposing an Act Protecting Aircrafts, Vessels
and their Crews and Passengers from Dangerous Laser Beams is earnestly sought.

Representative GLORIA MACAPAGAL ARROYO
2nd District, Pampanga


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL no. _7818 _

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT
PROTECTING AIRCRAFTS, VESSELS AND THEIR CREWS AND PASSENGERS
FROM DANGEROUS LASER BEAMS

Be it enacted by the House of Representatives and House of the Senate of the
Philippines in Congress assembled.

SECTION 1. Title. This Act shall be known as An Act Protecting Aircrafts, Vessels
And Their Crews And Passengers From Dangerous Laser Beams.

SECTION 2. Prohibition against aiming a laser device at an aircraft or vessel — As
used in this Act, a laser device is one designed or used to amplify electromagnetic
radiation by stimulated emission that emits a beam designed to be used by the
operator as a pointer or highlighter to indicate, mark, or identify a specific position,
place, item, or object.

(a) Whoever intentionally aims the beam of a laser device directly at an aircraft or

vessel at sea or at the path of said aircraft or vessel shall be penalized with a fine
of P100,000.00 or imprisoned for not more than one (1) year.

(b) Should the unlawful use of laser device results in death, injury or damage to
property, the penalty to be imposed shall be a fine of 500,000.00 or imprisonment
of not more than six (6) years, without prejudice to the imposition of actual, moral
and exemplary damages.

(c) The prohibition shall not apply to (1) an individual authorized by the Civil
5


Aviation Authority of the Philippines (CAAP) or the Philippine Coast Guard (PCG) or
personnel of the Department of Health (DOH) or Department of Science and
Technology (DOST) who are engaged in research and development of lasers; and (2)
an individual sending an emergency distress signal with the use of a laser device.

SECTION 3. Extent of Application — This act extends to the Philippine archipelago
as defined under Republic Act No. 9522, the territorial sea extending from the
Philippine archipelagic baselines, Kalayaan Island, Bajo de Masinloc and other
rocks in the West Philippines Sea, the respective territorial seas of said rocks, and
the territorial airspace above them.

SECTION 4. Implementing Rules and Regulations — The CAAP, PCG, and the
Philippine Maritime Industry Authority (MARINA) shall issue an omnibus
implementing rules and regulations. Within a non-extendible period of 30 days from
publication of this Act, the National Mapping Authority shall delineate all the areas,
to which this Act shall apply as provided under Section 3.

SECTION 5. Separability Clause. Should any part or provision of this Act be held
unconstitutional or invalid, the other parts or provisions not affected thereby shall
continue to be in full force and effect.

SECTION 6. Effectivity Clause. This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in any two (2) newspapers of general
circulation.

Approved,