Sl.'tlZ1tl' 
SIXTEENTH CONGRESS OF THE 
) 
d~fh;r tof tilt> j.Pt'T"t3rv, 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL -4 A11:1 B 
SENATE 
494 
S.No. ___ _ 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
Explanatory Note 
Article XVIII, Section 24 of the Constitution declares that private annies and other groups not 
recognized by duly constituted authority shall be dismantled. However, up until now, no law has 
been enacted to penalize private armies and other armed groups. The culture of fear still prevails 
especially during elections, brought about chiefly by the existence of local warlords and their 
private armies. 
Politicians usually hire goons and build up private armies not only for their protection but also 
for intimidation of opponents. The Philippine National Police (PNP) estimates that there are 
3,779 numbers ofPAGs in the country with also a total of 1,110,277 number ofloose firearms. A 
special military task force estimates that these private armies are responsible for 68 of the 98 
deaths recorded in the 2001 elections. During the lasted 2013 elections, a reported 67 election 
related incidents and 52 casualties in this eJection. Though there have been a number of 
documented abuses committed by these groups but due to lack of clear-cut government policy 
guidelines, they have not been <;urbed., instead, they have remained strong. Conversely, their 
strength has rendered the State weak and unable to protect its citizenry. 
It is hoped that the passage of this measure shall put a halt to this fast-growing pandemic and 
shall bring about a healthier diabetes-free population. 
In view of the foregoing, approval of this measure is earnestly sought. 
A 
Senator 
1 


~~nntr 
SIXTEENTH CONGRESS OF THE 
) 
d)fh;, 1"f HIe- ~rt'I"1"br~ 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL -4 
A11 :18 
SENATE 
494 
S.No. ___ _ 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
AN ACT 
DEFINING "PRIVATE ARMIES AND OTHER ARMED GROUPS", IMPLEMENTING 
THE CONSTITUTIONAL PROVISION FOR THEIR DISMANTLING, PRESCRIBING 
PENALTIES THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as "The Anti-Private 
2 
ArmyLawof2013". 
3 
4 
Sec. 2. Declaration of Policy. - Private armies and other armed groups not 
5 
recognized by duly constituted authority shall be dismantled. Toward this end, the 
6 
following are prohibited: 
7 
a. maintenance and/use of private armies; 
8 
b. abuse of the utilization of the military and police personnel as security detail; 
9 
c. abuse of various permits pertaining to firearms, as well as the unregistered 
10 
importation thereof; 
11 
d. utilization of the paramilitary forces and private security agencies as private 
12 
armies, and; 
13 
e. protection, fmancing, supplying or otherwise giving aid and comfort to private 
14 
armies. 
15 
16 
SEC. 3. Definition of Terms. -
17 
a. Private Army - is a group of at least ten (10) individuals, with a leadership structure 
18 
and weaponry, utilized for: 
2 


1. the commission of crimes; 
2 
2. the advancement/protection of vested political or economic interests of an 
3 
individual, family, clan or private group in an oppressive way, such as by way of 
4 
bodyguards, intimidation force or mercenaries. 
5 
This also refers to authorized government armed groups which no longer possess 
6 
strategic or tactical value in the maintenance and administration of peace. and order. 
7 
This definition does not include rebel armies or units such as those of the CPP-NP A-
8 
NOF; MNLF; and MILF. But it includes the so-called "lost commands", as well, as 
9 
paramilitary forces andprivate security forces utilized for the advancement 
10 
b. Private Armed Group - is a group not recognized by duly constituted authority, 
11 
consisting of at least three (3) individuals with weaponry, utilized in the same way as 
12 
a private army; 
13 
c. "Recognized by the duly constituted authority" - means authorized by law or in 
14 
accordance with law, and operating according to law. This includes duJy registered 
15 
private security agencies and gun clubs, as long as they are not utilized for the 
16 
advancement/protection of vested political or economic interests. But there are no 
17 
private armies recognized duly constituted authority; 
18 
d. Dismantling - or "Paglalansag" in Filipino, refers to the disbandment, disarming, 
19 
demobilization or dissolution of private armies, as well as the arrest and prosecution 
20 
of those involved, or their voluntary surrender of firearms and abandonment of their 
21 
organization and activities; 
22 
e. Government Connection - cover the areas pertaining to government units, civil 
23 
service, the PNP and the AFP where officials and any personnel thereof are found to 
24 
be leaders, members, protectors, financiers or suppliers of private armies, or are 
25 
otherwise benefiting economically or psychologically from the existence or activities 
26 
thereof; 
27 
f. 
Leadership - pertains to personalities who maintain and/of use private armies, control 
28 
the actions or activities thereof, provide the direction or "brains" thereof, or otherwise 
2 


" 
". 
.,' 
1 
get the most economic or psychological advantage out of the existence or activities 
2 
thereof; 
3 
g. Membership - refers to those who directly participate in activities of private armies 
4 
without falling within the definition of leadership, are accomplices or accessories as 
5 
defined by the Revised Penal Code to the criminal activities thereof. 
6 
h. Weaponry - covers all types of weapons, firearms, explosives, and ~unition used 
7 
by private armies; 
8 
i. 
Financial and Logistical Resources -
include all forms of transportation, 
9 
communication, safe houses, bank accounts, businesses, money-producing activities, 
10 
sources of weaponry, front organizations, etc., which private armies used to support 
11 
their existence or activities; 
12 
13 
SEC. 4. Penaltiesfor Leaders and Members. -
14 
a. Leaders - Any leader or private army or private armed group shall be punished by 
15 
imprisonment of not less than twelve (12) years and one (I) day nor more than twenty 
16 
(20) years, or by a fine of not less than Two Hundred Thousand Pesos (P200,000.00) 
17 
nor more than One Million Pesos (PI,OOO,OOO.OO), or both such imprisonment and 
18 
fine, at the discretion of the court, taking all circumstances into consideration; 
19 
b. Public Officer - If the leader is also a public officer, he shall, in addition, be punished 
20 
with perpetual absolute disqualification and subject to administrative sanctions; 
21 
c. Juridical Person - If the leadership uses the veil or a juridical person, the responsible 
22 
officers thereof shall also be punished as leaders. In addition, its registration, license 
23 
or permit shall be cancelled or revoked; 
24 
d. Alien ~ If the leader is an alien, he shall, after serving its penalty, be deported. 
25 
e. Protectors, Financiers, or Suppliers - shall be treated and punished as leaders 
26 
f. 
Members - Any member of the private army or private armed group shall be punished 
27 
by imprisonment of not less than six (6) years and one (1) day nor more than twelve 
28 
(12) years, or by a fine of not less than Fifty Thousand Pesos (p50,000.00) nor more 
29 
than Two Hundred Thousand Pesos (P200,OOO.OO), or both such imprisonment and 
3 


" 
". 
., . 
fine, at the discretion of the court taking all circumstances into consideration. If the 
2 
member is also a public officer, he shall, in addition, be punished with temporary 
3 
absolute disqualification and subject to administrative sanctions. 
4 
5 
SEC. 5. ConfIScation Of Weaponry. - All weaponry of private armies and private 
6 
armed groups shall be confiscated, whether licensed or not. The same shall be disposed 
7 
of under existing policies, particularly for firearms, explosives, and ammunition. 
8 
9 
SEC. 6. Abuse of.Security DetaiL - This shall include but not limited to the 
10 
following forms: 
11 
a. excess number of military or police personnel as security detail for Very Important 
12 
Persons (VIP) under existing policies; 
13 
b. utilization of an allowable security detail for the advancement/protection of the vested 
14 
political or economic interests, including for criminal or oppressive acts; 
15 
c. utilization of unauthorized personnel as security detail; and 
16 
d. formation of so-called civil security units. 
17 
Those responsible shall be punished with imprisonment of not less than six 96) years and 
18 
one (l) day nor more than twelve (12) years, or by a fme of not less than Fifty Thousand 
19 
Pesos (P50,000.00) nor more than Two Hundred Thousand Pesos (P200,000.00), or both 
20 
such imprisonment and fine, at the discretion of the court, taking all circumstances into 
21 
consideration. If the offender is also a public officer, he shall, in addition, be subject to 
22 
administrative sanctions. 
23 
24 
SEC. 7. Abuse of Firearms Permits. - This shall include but not limited to the 
25 
following forms: 
26 
a, violation of existing policies on the ban on the carrying of firearms outside of 
27 
residence, issuance of Memorandum Receipts MRs), Mission Orders (MOs), and duty 
28 
detail orders; 
29 
b. unauthorized issuance of MRs and MOs to carry firearms; 
4 


" 
I 
'. 
. , 
c. unauthorized acquisition of firearms by government units; and 
2 
d. 
unabated importation of firearms which are registered in accordance with existing 
, 
3 
laws. 
4 
Those responsible shall be punished as in Sec. S, without prejudice to liability for illegal 
5 
possession of firearms and violations of other applicable laws. 
6 
7 
SEC. 8. Paramilitary Forces as PrIvate Armies. - Paramilitary forces, such as 
8 
the CAFGU's and CVOs, utilized as private armies, or which no longer possess strategic 
9 
or tactical value in the maintenance and administrative of peace and order, shall be 
10 
immediately dismantled, demobilized or dissolved. Erring personnel shall be immediately 
11 
dismissed. 
12 
13 
SEC. 9. Security Agencies as Private Armies. - Private security agencies utilized 
14 
as private annies shall likewise be dismantled or disarmed, and their registration canceled 
i 5 
or revoked. Private security forces shall be regulated against their utilization for the 
16 
advancement /protection of vested political or economic interests beyond legitimate 
17 
security needs. No public officer shall own or operate any private security agency. A 
18 
violation of the latter prohibition shall subject the public officer to administrative 
19 
sanctions and the private security agency to cancellation of registration. 
20 
21 
SEC. 10. Priorities. - The DILGIPNP, DND/AFP, DOJINBI shall give priority to 
22 
dismantling of private armies to the following: 
23 
a. large and long-existing private armies; 
24 
b. private annies with government connections; 
25 
c. paramilitary forces and private security forces utilized as private armies; 
26 
d. private armies with formidable weaponry and financiaillogistical sources; and 
27 
e. leaders, protectors, financiers and suppliers of private armies. 
28 
5 


· 
\ 
"~ 
, , 
SEC. 11. Sanction on Unit Commanders and Heads. - Unit commanders or 
2 
heads of law enforcement units who are negligent in dismantling private armies in their 
3 
respective areas of responsibility shall be subject to administrative sanctions. 
4 
5 
SEC. 12. Incentives. - The full range of incentives shall be applied to dismantling 
6 
of private annies, including but not limited to the following: 
7 
a. rewards and incentives to government witnesses and infonnants; 
8 
b. immunity fonn criminal prosecution to government witnesses; 
9 
c, state witness rule; 
10 
d, witness protection program; 
lIe. non-prosecution for voluntary surrender of weaponry and voluntary disbandment 
12 
within a specified period; 
J 3 . f. 
incentives for voluntary surrender of firearms as in the "balik-baril" program; and 
14 
g. promotion and incentives for meritorious action oflaw enforcement units. 
15 
16 
SEC. 13. System of Monitoring. - There shall be set into a system of monitoring 
17 
the following, among others: 
18 
a. surrendered or confiscated weaponry and financialllogistical resources; 
19 
b. surrendered and demobilized members especially with connections to or in 
20 
connection with the AFP, PNP, CAFGUs, CVOs, and the like; 
21 
c, security detail for the VIPs; and 
22 
d, various pennits to pertaining to firearms, including importation thereof. 
23 
24 
SEC. 14. Special Prosecutors. - The DOl, in coordination with the Regional 
25 
State Provincial and City Prosecutors, shall designate at least two (2) special prosecutors 
26 
per province and city to handle prosecution under this Act. 
27 
28 
SEC. 15. Jurisdiction. - The Regional Trial Courts shall have original and 
29 
exclusive jurisdiction overall case involving offenses punishable under this Act. The 
6 


, " 
" .... 
Supreme Court may also designate at least two (2) special branches of the RTC per 
2 
province and city to hear such cases. 
3 
4 
SEC. 16. Oversigllt Committee. - Within thirty (30) days upon the removal of 
5 
this Act, there shall be formed an Oversight Committee composed of the following: 
6 
7 
Chairperson 
Members 
Secretary, DILG 
Secretary, DND 
8 
Secretary, DOJ 
9 
Presidential Adviser on the Peace Process 
10 
Director-General, PNP 
11 
Chief-of-Staff, AFP 
12 
Director, NBI 
13 
Two (2) Senators (designated by the Senate President) 
14 
Two (2) Representatives (designated by the Speaker) 
15 
16 
SEC. 17. Implementing Rules. - Within thirty (30) days form the formation of 
17 
the Oversight Committee, it shall issue the necessary rules and regulations for the 
18 
effective implementation of this Act without prejudice to the implementation of 
19 
provisions that do not need implementing rules. 
20 
21 
SEC. 18. Appropriations. - The amount necessary for the dismantling of private 
22 
armies shall be charged to the appropriation of the DILG under the current General 
23 
Appropriations Act. Thereafter, such amount as may be necessary for the continued 
24 
dismantling of private armies shall be included in the annual GAA. 
25 
26 
SEC. 19. Separability Clause. - If for any reason, any section or provision of this 
27 
Act, or any portion thereof, or the application of such section, provision, or portion 
28 
thereof to any person, group or circumstances is declared invalid or unconstitutional, the 
29 
remainder of this Act shall not be affected by such declaration. 
7 


'.' . .,. . . 
SEC. 20. Repealing Clause. - All laws, decrees, orders, rules, and ordinances 
2 
inconsistent with this Act are hereby repealed or amended accordingly. 
3 
4 
SEC. 21. Effectivity. - This Act shall take effect immediately following its 
5 
publication in at the Official Gazette or in at least two (2) national newspapers of general 
6 
circulation. 
Approved, 
8