EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
SENATE
722
Ornate
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•19 JUL 24 m 01
HECEIVLDBV.
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR INDISCRIMINATE 
DISCHARGE OF FIREARMS, AMENDING FOR THE PURPOSE ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
EXPLANATORY NOTE
Indiscriminate discharge of firearms has become a significant problem in 
many communities now throughout the Philippines. It most usually occurs during 
the celebration of holidays or, any revelry and sometimes in the context of 
drinking. Public awareness campaigns have not helped curb the senseless 
display of these people who randomly fire their weapons even if they primarily 
believe that their acts are 
harmless and these shooting 
sprees do 
not 
intentionally injure or kill people.
No one feels safe anymore, even in the comfort of their own homes since 
stray bullets can graze inside houses, and maim or kill innocent bystanders. The 
harrowing tragedy of it all are the senseless deaths of children, as in the recent 
case of Lorena Santos Cruz, the nine-year-old girl reported to have died from a 
stray bullet near Ipo Dam in Norzagaray, Bulacan. Residents live in perpetual 
fear. Anecdotal evidence from news reports state that indiscriminate firing 
victims from Dec. 16, 2015 - January 4, 2016 total to 7 and stray bullet incidents 
for the period Dec 16, 2015 - January 4, 2016 has befallen 54 victims.


It is time that we punish these perpetrators with an iron hand and revise 
the antiquated penalty espoused in the Revised Penal Code. This bill seeks to 
remove the discharge of firearms from the enumeration under Alarms and 
Scandal, transposing it to the more serious offense of Discharge of Firearms under 
Article 
254 and 
providing 
stiffer 
penalties 
upon 
offenders who discharge 
their firearms indiscriminately in any place.
Immediate passage of the bill is earnestly sought.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
]
SENATE
722
Senate
(M itf o( tljf
'19 JUL 24 All :31
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR INDISCRIMINATE 
DISCHARGE OF FIREARMS, AMENDING FOR THE PURPOSE ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and the House o f Representatives o f the 
Philippines in Congress assembled:
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SECTION 1. Article 155 of Act No. 3815 is hereby amended to read as
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follows:
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"ART. 155. Alarms and Scandals. - The penalty of arresto
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menor or a fine 
not exceeding 
[200] 
ONE THOUSAND
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(1,000.00)
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Pesos shall be imposed upon:
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1. Any person who within any town or public place, shall
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discharge any [firearm,] rocket, firecracker, or other explosive
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calculated to cause alarm or danger;
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SEC. 2. Article 254 of the same Act is also hereby amended to read
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as follows:
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"Art. 254. Discharge of Firearms. - A) Any person who shall
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shoot at another any firearm shall suffer the penalty of prision
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correccional in its minimum and medium, unless the facts of the
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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.
B) 
ANY 
PERSON 
WHO 
SHALL 
WILFULLY 
AND 
INDISCRIMINATELY DISCHARGE ANY FIREARM, OR 
OTHER WEAPON, IN ANY PLACE, WHERE THERE IS ANY 
PERSON OR PROPERTY TO BE ENDANGERED THEREBY 
SHALL 
SUFFER 
THE 
PENALTY 
OF 
PRISION 
CORRECIONAL 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.
C) 
IF THE PERSON WHO COMMITS THE OFFENSE 
PROVIDED IN PARAGRAPH (B) OF THIS ARTICLE IS A 
MEMBER 
OF THE 
PHILIPPINE 
NATIONAL 
POLICE, 
ARMED 
FORCES OF THE 
PHILIPPINES, 
NATIONAL 
BUREAU OF INVESTIGATION (NBI) AND OTHER LAW 
ENFORCEMENT AGENCIES, AND SUCH DISCHARGE IS 
NOT IN THE PERFORMANCE OF OFFICIAL DUTIES, THE 
PENALTY OF RECLUSION TEMPORAL IN ITS MAXIMUM 
PERIOD SHALL BE IMPOSED AND THE OFFENDER SHALL 
BE HELD ADMINISTRATIVELY LIABLE AND SUBJECTED 
TO SUMMARY DISMISSAL PROCEEDINGS.
D) IF THE WILFULL AND INDISCRIMINATE DISCHARGE 
OF FIREARM AS PROVIDED IN PARAGRAPH (B) OF THIS 
ARTICLE RESULTS IN INJURIES CAUSING THE DEATH 
OF A PERSON, THE PENALTY OF RECLUSION PERTPETUA 
SHALL BE IMPOSED."
SEC. 3. All laws, orders, proclamations, rules and regulations, or part


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thereof, which are inconsistent with any provision of this Act are hereby repealed or
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modified accordingly.
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SEC. 4. If any provision or part of this Act is held invalid or unconstitutional,
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other provisions not affected thereby shall remain valid and subsisting.
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SEC. 5. This Act shall take effect fifteen (15) days after its publication in the
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Official Gazette or in two (2) national newspapers of general circulation.
Approved,