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

Sixteenth Congress
First Regular Session

House Bill No. pe gg

Introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

Firearms smuggling is 2 dangerous but profitable criminal enterprise. It not
only threatens public safety and national security but also endangers and oftentimes,
takes away the lives even of innocent persons. The possession of smuggled firearms.
more often than not emboldens the person in possession thereof to the commission
of more serious offenses such as, but not limited to, murder, homicide, rebellion,
piracy, kidnapping and armed robbery.

Firearms smuggling is one of the transnational organized crimes that affect
not only the Philippines and other neighboring Asian countries but also the rest of the
world. In the international arena, firearms smuggling has affected the security, safety
and the peace and order situation of the countries where the same are being brought
into.

During the Ninth UN Congress on Crime Prevention in May 1995 at Cairo
Egypt, Japan, co-sponsored by 29 other countries, proposed Resolution 9, entitled
“Firearms Regulation for Purposes of Crime Prevention and Public Safety" for the
adoption of measures to regulate firearms commonly applicable in Member States,
including the prevention of transnational illicit trafficking in firearms, with a view to
suppressing the use of firearms in criminal activities. The proposal was also referred
to the G8 Senior Experts Group on Transnational Organized Crime, namely Lyon
Group, and others, to promote the intemational public awareness on the importance
of firearms control. As a result of said proposals, a consensus was reached among
the international community, to elaborate a binding international legal instrument to
fight the illicit firearms trafficking, as one of the protocols to the United Nations
Transnational Organized Crime Convention

The Philippines too is not exempted from firearms smuggling. in fact, it is
rated second in terms of the number of firearms that are smuggled into Japan. It is
producer and transhipper of smuggled firearms. The Philippines is also a final
destination of smuggled firearms. The burgeoning illicit trade in firearms can be
attributed to the lack of anti-firearms smuggling laws in the country, our long coastline
and the great demand for them by criminal syndicates, Muslim secessionists and
other militant groups. In our country, the firearms and ammunitions used by the Abu
Sayaff are believed to have been smuggled into Philippines via the southem
backdoor. Certainly, the problem brought about by firearms smuggling poses a


serious threat not only to the peace and order situation of our country but also to
other countries. This growing menace must be addressed.

This bill therefore seeks to address the problem caused by firearms
‘smuggling by classifying it as a crime, providing stiffer penalties for its commission.

In view of the foregoing considerations, early passage of this measure is
eamestly sought.

1Y M. LOYOLA


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

Sixteenth Congress
First Regular Session

House Bill No._ 2696

Introduced by Honorable Roy M. Loyola

AN ACT DEFINING THE CRIME OF FIREARMS SMUGGLING, PROVIDING
PENALTIES THEREFORE AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. This Act shall be known as the “Anti-Firearms
Smuggling Act of 2013."

SECTION. 2. Statement of Policy. - It is hereby declared the policy of the
State to maintain peace and order, protect the lives, liberty and property of the
people and promote public safety. In consonance with this objective, the State shall
regulate the circulation, transportation, transmission and sale of firearms of whatever
kind that may endanger the lives and safety not only of its citizens but also the
citizens of the country where such firearms are illegally brought. Towards this end,
firearms smuggling is hereby made an offense and provided with stiffer penalties for
the purpose of preventing if not totally eradicating the evils accompanying the same.

‘SECTION. 3. Definitions. As used in this Act.

2) "Firearms Smuggling” - Refers to the act of any person who, through the
use of any fraudulent machinations, shall import or bring into, or export
from, the Philippines, or assist in so doing, any firearm or parts thereof,
explosive or ammunition or machine, implements, equipments or tools for
the manufacture of firearms. It shall likewise refer to the act of any person
who, contrary to law, shall receive, conceal, buy, sell or in any manner
facilitate the transportation, concealment or sale of said firearms or parts
thereof, explosive or ammunition or machine, implements, equipments or
tools for the manufacture of firearms, ammunition or explosives after
importation, knowing the same to have been imported contrary to law.

b) "Firearms" - As used herein, the term includes handguns, revolvers,
pistols, rifles, muskets, carbines, shotguns, cannons and all other deadly
weapons from which a bullet, ball, shot, shall or other missile may be
discharged by means of gunpowder or other explosives. The term also
includes air rifles and air pistols not classified as toys under the provisions
of Executive Order No. 712 dated 28 July 1981. The barrel of any firearm
shall be considered a complete firearm;


©) “Explosive” - refers to any substance either solid or liquid, either as a
mixture of single compound which by chemical reaction liberate at high
speed, heat and gas causing tremendous pressure resulting in an
explosion, such as gunpowder, powder used for blasting, all forms of high
explosives, blasting materials, dynamite, fuses, detonators and detonating
agents, smokeless powder, hand grenade, rifie grenade, pill box bomb,
molotov cocktail bomb, or other incendiary devices and other chemical
compound or chemical mixture that contains any combustible unit or other
ingredients in such proportion or packing that ignites by fire, by friction, by
concussion, by percussion, or by detonation of ali or any part of the
compound or mixture causing such 2 sudden generation of highly heated
gases that resultant gaseous pressure are capable of producing
destructive effects on contiguous objects or destroying life or limb.

d) "Ammunition" - refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which a bullet, ball,
shot, shall or other missile may be fired by means of gunpowder or
explosives.

e) "Syndicate" - refers to at least three persons organized for the purpose of
engaging in firearms smuggling.

SECTION 4. Acts Constituting the Crime of Firearms Smuggling. — It
shall be uniawful for any person or group of persons to commit any of the following
acts:

1. To fraudulently import or bring into the Philippines, or assist in so doing,
any firearm or parts thereof, explosive or ammunition or machine,
implements, equipments or tools for the manufacture of firearm,
ammunition or explosive;

2. To export or attempt to export fraudulentiy or giving assistance in so doing,
any firearm or parts thereof, explosive, ammunition or machine,
implements. equipments or tools for the manufacture of firearm,
ammunition or explosive:

3. To entice, induce, encourage or persuade another by offer of money, aif,
anything of value, employment, advantage or other considerations, or by
threat or use of force, fraud, deception, coercion or abuse of authority, to
import or bring into the Philippines, or export from the Philippines any
firearm or paris thereof, explosive, ammunition or machine, implements,
equipments or tools for the manufacture of firearm, ammunition or
explosive or to cause said fraudulent importation or exportation;

4. To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and eniry or exit documents from
government agencies or officials that are mandated to conduct
examinations and inspections of cargoes, cartoons, baggage, other
containers, cloths or things where the firearm, explosive or ammunition
could have been packed, placed or inserted;

5. To facilitate, assist and help in the importation and exportation from/to the
country at intemational and local airports and seaports of firearm or parts
thereof, ammunition, explosive, machine, implements, equipments or
tools for the manufacture of firearms or parts thereof, ammunition and
explosive through the use of unissued, tampered or fake travel
documents.

SECTION 5. Penalties. - Any person engaged in firearms smuggling shall be
punished by imprisonment of not less than twelve (12) years and one day but not


more than twenty (20) years and a fine of not less than one million (Php
1,000,000.00) but not more than five million pesos (Php 5,000,000.00).

The penalty of reclusion perpetua and a fine of five million pesos (Php
5,000,000.00) shall be imposed upon:

a.) Any government official or employee, who, in order to facilitate firearms
‘smuggling, processes, issues or otherwise disposes of any document
necessary for the importation into the Philippines or exportation of any
firearm to any person;

b.) Any person who procures, processes, sells or obtains by fraudulent means
any document necessary for the importation into the Philippines or
exportation of any firearms;

.) The pilot, master, agent, owner, consignee, or any person in charge of a
vessel or aircraft who knowingly and intentionally carries smuggled
firearms, ammunitions or explosives departing from or entering the
Philippine territory. The vessel or aircraft used in transporting smuggled
firearms shall be seized and shall be subject to a lien on the penalty that
may be imposed upon conviction.

d.) Any person who belongs to @ syndicate engaged in firearms smuggling,
or to the illegal dealers or manufacturers of firearms, ammunitions or
explosives, or when the smuggled firearms, explosives or ammunitions
were used, intended, or in furtherance of or incident to, or in connection
with the commission of other crimes like, murder, armed robbery,
terrorism, rebellion, sedition or coup d' etat or be used in the
assassination of top goverment officials. The same penalty shall be
imposed when a government official or employee connives with a
syndicate in the commission of the crime aforementioned.

in addition to the penalties provided by the preceding paragraphs, any
government official or employee shall, upon conviction, be dismissed from office and
perpetually disqualified to hold public office.

SECTION 6. Jurisdiction. - Any criminal action arising from any violation of
this Act shall be filed with the Regional Trial Court of the place where the offense was
committed. The Court first taking cognizance of the case shall exercise jurisdiction to
the exclusion of other courts.

SECTION 7. Presumption of Firearms Smuggling. - Possession,
importation or exportation of any firearm or parts thereof, explosive, ammunition or
machines, implements, equipments or tools for the manufacture of firearm,
ammunition or explosive without the necessary license to possess, manufacture or to
import or export them shall be prima facie evidence of firearms smuggling.

SECTION 8. Programs that Address Firearm Smuggling. - The
Government shall establish and implement measures for the prevention of firearms
smuggling. For this purpose, the following departments and agencies are hereby
mandated to implement the following programs.

(@) Department of Foreign Affairs - shall make available its resources and
facilities overseas for the proper monitoring of manufactured firearms in
their respective foreign posts and explore means to further enhance its
assistance in eliminating smuggled firearms through closer networking
with government agencies in the country and overseas, particularly in the
formuiation of policies and implementation of relevant programs.


(0) The Philippine National Police - shall adopt a system of monitoring the
approximate number of firearms circulating in the country, the number of
those transported into the Philippines legitimately and those produced by
licensed manufacturers and dealers of firearms for purposes of
regulation. It shall likewise adopt means of investigation and information
from its sources to have an approximation of the firearms illicitly
transported in and outside of the Philippines and cause the seizure,
forfeiture and even destruction of the smuggled firearms.

(©) Department of Justice (DOJ) - shall initiate the filing of complaints
involving smuggled firearms and ensure the effective prosecution of
guilty parties.

SECTION 8. Reporting Requirements. - The concemed agencies shall
submit to the President of the Philippines and to Congress an annual report of the
policies, programs and activities relative to the implementation of this Act.

SECTION 10. Funding, - The amount needed to implement the provisions of
this Act shall be charged against the current year's appropriation or savings of the
respective agencies concemed. Thereafter, such sums as may be necessary for the
continuous implementation of the Act shall be included in the annual General
Appropriations Act.

SECTION 11. Implementing Rules and Regulations. - Within thirty (30)
days from the effectivity of this Act, an inter-agency coordinating committee
composed of the departments and agencies mentioned in Section 8 hereof shall
promulgate the rules and regulations to effectively implement the provisions of this
Act.

SECTION 12. Prescription. - Actions to be filed under the provisions of this
Act shall prescribe after a period of four (4) years computed from the date of the
commission of the offense or upon discovery by the public authorities.

SECTION 13. Separability Clause. - If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected
thereby shail remain in force and effect.

SECTION 14. 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 15. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation or in the
Official Gazette

Approved,