Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No, 8917

Introduced by HONORABLE ROMEO M. ACOP

EXPLANATORY NOTE

From September 2015 up to early 2016, incessant and viral news that
security personnel at the Ninoy Aquino International Airport have been “planting”
bullets (“laglag-bala’) in the luggage of travelers in order to extort money from
them have significantly damaged the country’s reputation with the international
community. Reported victims include not only unsuspecting foreign tourists but
also Filipino overseas contract workers whose employment abroad have been
jeopardized by the incidents. The victims alleged they were made to choose by
arresting officers if they want to be apprehended or just hand over bribe money.

Related to this, several apprehensions were also made on passengers who,
despite admitting to the possession of the unlicensed ammunition, also asserted
that they merely intended to use the same as amulets or as souvenirs or for other
cultural, non-security or non-crime-related purposes.

Section 28 of Republic Act 10591, also known as the “Comprehensive
Firearms and Ammunition Regulation Act” prohibitsthe unlawful acquisition or
possession of ammunition, and penalizes the offense with a minimum prison
term of six (6) to twelve (12) years. Thelaw, being malum prohibitum, declares
unlawful the mere possession of an ammunition without the prerequisite license
or permit regardless of the volume of ammunition found and of the possessor’s
intent on the use of the same.

The laglag-bala scam resulted to the loss of confidence from the general
public and palpable distrust on the implementation of existing law on firearms
and ammunition, in what appears to be a “legal loophole” exploited by corrupt
and inept airport security officials and personnel.

While the government must remain on guard and prevent the unauthorized
carrying of bullets as it bears on the issue of security and safety of the (airline)
passengers and the general public amidst the threat of terrorism, it must also
ensure that the implementation of security measures and pertinent laws are not
abused by unscrupulous government employees and officials to the detriment of
innocent civilians.

The law must also provide for a mechanism that would allow possessors of


unlicensed ammunition the opportunity to present their respective situations and
defend their possession (however, unwise it may seem to be] of the contraband for
cultural, non-security or non-crime-related purposes, and be relieved from
criminal prosecution under certain conditions.

This bill seeks to amend Section 28 of Republic Act No. 10591 by providing
for the mechanism and conditions for the determination of thepropriety of filing a
criminal complaint against an allegedpossessor of unlicensed ammunition,
particularly for small arms.

Under the proposed measure, two situations are contemplated, as follows:
(1) when the alleged possessor of the unlicensed ammunition denies his
possession of the contraband; and (2) when the alleged possessor admits
possession of the unlicensed ammunition but claims a non-security or non-
crime-related purpose or intention for the contraband. In both instances, the
apprehending officer is mandated to conduct an investigation of the incident by
considering the personal circumstances of the alleged possessor as well as other
relevant circumstances surrounding the incident to assess whether:

1) The circumstances appreciated reasonably negate any probability that
the alleged possessor is in fact in possession of the unlicensed
ammunition; or

2) ‘The circumstances reasonably negate the suspicion that the unlicensed
ammunition admittedly possessed is intended to be used for unlawful or
illegal purposes.

On the basis of such assessment, the apprehending officer shall determine the
propriety of filing a criminal complaint against the alleged possessor for violation
of Republic Act No. 10591.

Personal circumstances of the alleged possessor of the unlicensed
ammunition may include his education, reputation, age, physical condition, or
any other pertinent circumstance that may bear upon the denial of possession, or
intent of the possessor with respect to the use of unlicensed ammunition
admittedly possessed. Surrounding circumstances of the incident may include
the volume of the unlicensed ammunition allegedly or admittedly possessed and
the manner or means of alleged possession of the same.

‘Through these mechanisms and conditions, potential victims of the laglag-
bala scam or those who admit possession of unlicensed ammunition sans any
illegal purpose are spared from the trouble of immediate arrest and from the
torment of undergoing inquest proceedings and facing criminal charges without
sufficient opportunity to defend themselves at the point of apprehension. It will
also relieve concerned security personnel from their duty of immediately effecting
the arrest of persons whose criminal liability under existing law reasonably
appears to be in doubt.

The bill also mandates the apprehending officer to conduct the
investigation in a manner that would cause the least inconvenience to the person
and rights of the alleged possessor of unlicensed ammunition.


Furthermore, it should be noted that the proposed amendment applies in
particular only to alleged possession of unlicensed ammunition for small arms
and does not include ammunition intended for Class A and B of light weapons.
The reason for this is that under Section 10 of Republic Act No. 10591, only small
arms may be registered by licensed citizens or licensed juridical entities for
ownership and possession, and light weapons shall be lawfully acquired or
possessed exclusively by the Armed Forces of the Philippines (AFP), the Philippine
National Police (PNP) and other law enforcement agencies authorized by the
President in the performance of their duties. Only in cases where ammunition for
light weapons were allegedly possessed but denied on grounds that the same
have been “planted’will the abovementioned mechanism apply.

Finally, while Republic Act No. 10591is a special law (malum prohibitum),
there is no constitutional infirmity nor any legal impediment for Congress to
enact an amendment to the same requiring the appreciation of intent in the
determination of whether criminal liability shall attach in the commission of any
act proscribed by the law. Such amendment is within the plenary power of
Congress to enact or modify existing laws.

For the foregoing reasons, the immediate consideration and approval of this.
bill is earnestly urged.

(ON. ROMEO M. KCOP
Representative
2nd District, Antipolo City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

7. 3517

HOUSE BILL NO. ~~"

Introduced by HONORABLE ROMEO M. ACOP

AN ACT
PROVIDING FOR A MECHANISM TO DETERMINE THE PROPRIETY OF
FILING A CRIMINAL COMPLAINT AGAINST ALLEGED POSSESSORS OF
UNLICENSED AMMUNITION UNDER CERTAIN CONDITIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10591, OTHERWISE
KNOWN AS “AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOR”
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 28, paragraph (g) of Republic Act No.10591, otherwise
known as “An Act Providing For A Comprehensive Law On Firearms And
Ammunition And Providing Penalties For Violations Thereof,” is hereby amended

to read as follows:

“Section 28. Unlawful Acquisition, or Possession of Firearms and
Ammunition. - The unlawful acquisition, possession of firearms and

ammunition shall be penalized as follows:


(g) The penalty of prision mayor in its minimum period shall be
imposed upon any person who shall unlawfully acquire or possess
ammunition for a small arm fef-ClassAight-weapon.}; PROVIDED,
THAT WHEN THE PERSONAL CIRCUMSTANCES OF THE PERSON
ALLEGED TO POSSESS THE UNLICENSED AMMUNITION, SUCH AS
BUT NOT LIMITED TO, HIS EDUCATION, REPUTATION, AGE,
PHYSICAL CONDITION, OR ANY OTHER PERTINENT
CIRCUMSTANCE THAT WOULD REASONABLY NEGATE ANY
PROBABILITY THAT THE AMMUNITION IS IN FACT POSSESSED BY
HIM, OR ANY SUSPICION THAT THE AMMUNITION IS INTENDED TO
BE USED BY THE POSSESSOR FOR ANY UNLAWFUL OR ILLEGAL
PURPOSE IN CASE POSSESSION IS ADMITTED, AND THAT THERE
IS NO OTHER CIRCUMSTANCE, SUCH AS BUT NOT LIMITED TO,
THE UNJUSTIFIED VOLUME OF AMMUNITION ALLEGEDLY
POSSESSED AND/OR THE MANNER OR MEANS OF POSSESSION,
THAT WOULD OTHERWISE INDICATE THE PRESENCE OF
UNLAWFUL INTENT TO USE THE SAME FOR ILLEGAL PURPOSES,
THE APPREHENDING OFFICER SHALL FIRST CONDUCT A BRIEF
INVESTIGATION OF THE INCIDENT TO DETERMINE WHETHER OR
NOT A CRIMINAL COMPLAINT SHOULD BE PROPERLY FILED
AGAINST THE ALLEGED POSSESSOR; PROVIDED FURTHER, THAT
SUCH INVESTIGATION SHALL CAUSE THE ALLEGED POSSESSOR
THE LEAST INCONVENIENCE TO HIS PERSON AND PERSONAL
RIGHTS; AND, PROVIDED FINALLY, THAT THE AMMUNITION SHALL
STILL BE SUBJECT TO CONFISCATION. If the violation of this

paragraph is committed by the same person charged with the


unlawful acquisition or possession of a small arm, the former violation

shall be absorbed by the latter;

THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO
AMMUNITION FOR LIGHT WEAPONS ALLEGEDLY POSSESSED IF
THE POSSESSION IS DENIED BY THE ALLEGED POSSESSOR AND
THE DENIAL IS SUSTAINED BY THE APPREHENDING OFFICER AS

PROVIDED FOR HEREOF.”

SECTION 2.Implementing Rules and Regulations. - Within one hundred twenty
(120) days from the effectivity of this Act, the Chief of the Philippine National
Police (PNP), after public hearings and consultation with concerned agencies of
the government and sectors of society shall formulate the necessary rules and
regulations for the effective implementation of this Act to be published in at least

two (2) newspapers of general circulation.

SECTION 3.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 4.2ffectivity Clause - This Act shall take effect after fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of

general circulation.

Approved,