Republic of the Philippines 27 JAN 2013
HOUSE OF REPRESENTATIVES |. PM
Quezon City, Metro Manila
Fifteenth Congress
Third Regular Session

HOUSE BILLNO. 6819

Introduced by Honorable Hon. Feliciano Belmonte, Jr., Hon. Neptali M.
Gonzales, If and Hon. Danilo E. Suarez

EXPLANATORY NOTE

This bill seeks to provide stiffer penalties for wilful or indiscriminate
discharge of firearms, amending for the purpose Act No. 3815, otherwise known
as the Revised Penal Code.

According to the Firearms and Explosives Division of the Philippine
National Police, there are about 1.4 million registered guns in the country.
However, the list does not include the estimated 4 million illegal and unlicensed
guns being carried around by civilians and criminals.

Almost everyday, we hear about persons being shot for no reason. What’s
becoming more alarming is that these cases no longer involve just criminals or
private individuals but policemen and members of the armed forces. And worst,
the victims include children.

Just recently, a seven-year old girl from Caloocan City died after being hit
by a stray bullet on New Year's eve. There are also reports from various parts of
the country of other people being victims of indiscriminate firing of guns. The
indiscriminate discharge of firearms especially during festivities is widely
condemned because of the loss of lives of innocent people.

While illegal discharge of firearms is already penalized under the Revised
Penal Code, the penalties provided under the law are very light. At present, any
person who shall discharge any firearm may be prosecuted under Art. 155
(Alarms and Scandals) of the Revised Penal Code, and penalized with
imprisonment of thirty (30) days or a fine not exceeding Two hundred pesos



(P200.00). This penalty does not serve as a deterrent from wilful or
indiscriminate discharge of firearms. Hence, a stiffer penalty must be imposed.

It is also of greater concern that many of the offenders are policemen or
members of the armed forces. The military and police officers have a greater
responsibility of ensuring that they use firearms only in the line of duty. Thus, a
higher penalty must be imposed upon them if they commit the crime of
indiscriminate discharge of firearms.

Under the proposed measure, any person, who shall wilfully and
indiscriminately discharges any firearm, or other weapon, in any public place or
in any place where there is any person or property to be endangered thereby shall
suffer the penalty of prision correccional in its maximum period. Likewise, if
the person who wilfully or indiscriminately discharges any firearm, is a member
of the Philippine National Police, Armed Forces of the Philippines or a law
enforcement officer, the penalty of Reclusion Temporal in its maximum period
shall be imposed. And lastly, if the wilful and indiscriminate discharge of
firearm results in the death of a person, the penalty of Reclusion Perpetua shall
be imposed.

In view of the foregoing, approval of this bill is highly and urgently
recommended.

HL

FELICIANO BELMONTE, JR.

DANILO E. SUAREZ NEPTALI M. GONZALES, II


Republic of the Philippines

HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

Fifteenth Congress
Third Regular Session

HOUSE BILL NO. 6819

Introduced by Honorable Hon. Feliciano Belmonte, Jr., Hon. Neptali M.
Gonzales, Il and Hon. Danilo E. Suarez

AN ACT
PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR
INDISCRIMINATE DISCHARGE OF FIREARMS, AMENDING FOR
THE PURPOSE ACT NO. 3815, AMENDED, OTHERWISE KNOWN
AS THE REVISED PENAL CODE

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

SECTION 1. Article 155 of Act No. 3815 is hereby amended to read as
follows:
“ART. 155. Alarms and Scandals. — The penalty of arresto
menor or a fine not exceeding 200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall
discharge any [firearm,] rocket, firecracker, or other explosive
calculated to cause alarm or danger;
XXX XXX Xxx.”

SEC. 2. Article 254 of the same Act is also hereby amended to read as

follows:


“ART. 254. Discharge of Firearms. — Any person who shall
shoot at another any firearm shall suffer the penalty of prision
correccional in its minimum and medium, unless the facts of the case
are such that the act can be held to constitute frustrated or attempted
parricide, murder, homicide or any other crime of which a higher
penalty is prescribed by any of the articles of this Code.

ANY PERSON WHO SHALL WILFULLY AND
INDISCRIMINATELY DISCHARGE ANY FIREARM, OR OTHER
WEAPON, IN ANY PUBLIC PLACE OR IN ANY PLACE WHERE
THERE IS ANY PERSON OR PROPERTY TO BE ENDANGERED
THEREBY SHALL SUFFER THE PENALTY OF PRISION
CORRECCIONAL IN ITS MAXIMUM PERIOD, UNLESS THE
FACTS OF THE CASE CAN BE HELD TO CONSTITUTE ANY
OTHER CRIME OF WHICH A HIGHER PENALTY IS
PRESCRIBED BY ANY OF THE ARTICLES OF THIS CODE.

IF THE PERSON WHO WILFULLY AND
INDISCRIMINATELY DISCHARGES ANY FIREARM, IS A
MEMBER OF THE PHILIPPINE NATIONAL POLICE, ARMED
FORCES OF THE PHILIPPINES OR A LAW ENFORCEMENT
OFFICER, AND SUCH DISCHARGE IS NOT IN THE
PERFORMANCE OF OFFICIAL DUTIES, THE PENALTY OF
RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD SHALL BE

IMPOSED.


IF THE WILFUL AND INDISCRIMINATE DISCHARGE
OF FIREARM RESULTS IN INJURIES CAUSING THE DEATH
OF A PERSON, THE PENALTY OF RECLUSION PERPETUA
SHALL BE IMPOSED.”

SEC.3. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,