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

SEVENTEENTH (17%) CONGRESS
First Regular Session

House Bill No. 383 7

Introduced by Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE

This bill seeks to introduce a comprehensive definition of the crime defined under Article
254 of the Revised Penal Code, otherwise known as the Unlawful Use of Firearms, in
light of its having become a dead-letter law in addressing the evil which it purportedly
sought to contain.

Firearms are lethal. Irresponsible use may cause injury to another, and hence, it is
necessary to regulate the use of the same. The current system of firearms control and
regulations under Presidential Decree No. 1866, as amended, institutes a separate
system of licensing for the possession and for the carriage of firearms, administered by
the Philippine National Police. It does not address the improper use of licensed firearms
because it is within the province of Article 254 of the Revised Penal Code. Unfortunately,
these existing regulations are woefully inadequate as to the penalties with respect to the
wide range of firearms abuse.

Our pres
an eve

ent scheme of gun regulations has not curbed, prevented, or otherwise stopped
increasing number of violent crimes done with or through the use of improvised,
registered and licensed firearms. Unless we tighten the net, tragedies will continue to
fill our collective consciousness

Hence, this measure.



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

SEVENTEENTH (17%) CONGRESS
First Regular Session

3837

House Bill No. __

Introduced by Rep. BERNADETTE R. HERRERA-DY

AN ACT DEFINING AND PENALIZING THE UNLAWFUL USE OF FIREARMS,
AMENDING FOR THE PURPOSE ARTICLE 254 OF ACT NO. 3815, OTHERWISE
KNOWN AS “THE REVISED PENAL CODE OF THE PHILIPPINES”, AND FOR
OTHER PURPOSES.

Be it enacted in the Senate and House of the Philippines in the Congress assembled:

SECTION 1. Article 254 of Act No. 3185, otherwise known a!
Code of the Philippines,

he Revised Penal

is hereby amended to read as follows:

Article 254. Unlawful Use of Firearms - Any person who commits any of the
following acts shall be punished by prision mayor in its minimum period:

1, Carry a firearm or device, which may not have been designed as a
firearm but can functionally be adapted and used as a firearm,
notwithstanding the existence of a license to possess and/or a
permit to carry said firearm:

(a) While imbibing, drinking or otherwise consuming any liquor,
drug, narcotic, or any other psychotropic substance;

(b) While intoxicated under the influence of any liquor, drug,
narcotic, or any other psychotropic substance; or

2. Allow a minor person to carry a firearm, which may not have been
designed as a firearm but can functionally be adapted and used as
a firearm, notwithstanding the existence of a license to possess
and/or a permit to carry said firearm while imbibing, drinking, or


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otherwise consuming any liquor, drug, narcotic, or any other
psychotropic substance, or while intoxicated;

. Discharge a firearm or device, which may not have been designed

as a firearm, but can be functionally be adapted and used as a
firearm notwithstanding the existence of a license to possess
and/or a permit to carry said firear:

(a) Outside a duly licensed indoor or outdoor shooting range, gun
club, or similar indoor or outdoor structure specifically
designed for the safe discharge of firearms, except when
engaged in subsistence hunting requiring the use if such
firearm, or engaged in the performance of one’s duties as a law
enforcement officer, Provided, that, the discharge is made with
extraordinary diligence;

(b) Without the existence of any of the elements for the justifying
circumstances of self-defense or defense if another as provided
for in this Code; or

(c) Without the existence of any other absolutory cause under this
Code.

The foregoing acts shall be punished by prision mayor in its medium to
maximum periods, if committed with any of the following attendant
circumstances:

1. The firearm is aimed at another person or the property of another

at any point prior to or at the moment of discharge of the firearm,
if the discharge does not constitute any other crime or offense
defined in this Code for which a higher penalty is prescribed; or

2. The firearm is discharged on a public holiday or on the occasion of

a wedding, birthday, anniversary, or at any similar gathering or
celebration, or when made for the sole purpose of revelry-making,
or on the occasion of the death of another, except when the
discharge is made in the performance if an official state or military
honor.


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SEC 2. Severability Clause. - In the event that any provision of this Act is
declared unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of
the remainder of the provisions of this Act shall not be affected thereby.

of instruction,

, letter

SEC 3. Repealing Clause ~ All laws, presidential decr
executive orders, administrative orders, rules, regulations, and other issuances or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby

revoked, repealed or modified accordingly.

SEC 4, Bffectivity. - This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazet
general circulation.

or in at least two (2) newspapers of

Approved,