Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House Bill No.__ 868

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

Section 5 of Article 2 of the 1987 Constitution provides that “The maintenance of
peace and order, the protection of life, liberty and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of democracy

Corollarily, the State in the exercise of its police power may enact and impose such
reasonable measures that will prohibit all that is harmful to the comfort, safety and welfare of
society and its subjects.

‘The passage and implementation of laws such as Republic Act No 8294 regulating the
possession, manufacture, dealing in and acquisition or disposition of firearms, ammunition or
explosives or instrument used in the manufacture of such is one of the means employed by
the State to comply with this constitutional mandate

There has been an upsurge of crimes vitally affecting public order and safety due to
the proliferation of illegally possessed and manufactured firearms, ammunitions and
explosives. These criminal acts have resulted in loss of human lives, damage to property and
destruction of valuable resources of the country.

There are some provisions in said laws and other pieces of legislation which must be
updated and revised in order to more effectively deter violators of the law thereon.

‘The proposed measure will change the penalty if the selling of firearms, ammunition
or explosives or any parts or components used in the manufacture of firearms, ammunition or
explosives to the enemies of the state is done by any member of the Armed Forces of the
Philippines (AFP), or the Philippine National Police (PNP) or any other law enforcement
agency, and government officials. In which cases, it is proposed that the offender be made to
suffer the penalty of reclusion perpetua

Fe
Represegidtive
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 868

Introduced by Hon. Rodolfo G. Biazon

AN ACT
PENALIZING THE SELLING OF FIREARMS, AMMUNITION OR EXPLOSIVES
OR ANY PARTS OR COMPONENTS USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES TO THE ENEMIES OF THE
STATE, IMPOSING PENALTIES THEREFOR AND FOR OTHER PURPOSES.

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

SECTION ONE. Declaration of Policy. ~ It is hereby declared the policy of the State
to protect public security and safety by prohibiting the selling of firearms, ammunition or
explosives or any parts or components used in the manufacture of firearms, ammunition or
explosives to the enemies of the state.

Sec. 2. Definition of Term. ~ For purposes of this Act, the term “enemy of the State”
is defined as a person or group of individuals who have commenced acts of hostility with the
duly constituted authorities of a particular state by violating the laws particularly affecting its
people, territory, sovereignty and government

Sec. 3, Prohibited Acts and Penalties Therefor. — It shall be unlawful for any person
to sell, directly or indirectly, any firearms, ammunition or explosives or any parts or
components used in the manufacture of firearms, ammunition or explosives to the enemies of
the state as defined in this Act.

Any person who commits such act shall be punished by reclusion temporal in its
minimum to reclusion perpetua in its medium period and shall pay a fine not exceeding three
hundred pesos (P300,000).

‘The penalty of reclusion perpetua in its maximum period shall be imposed if the
offense is committed by any member of the Armed Forces of the Philippines (AFP), or the
Philippine National Police (PNP) or any other law enforcement agency, or any government
official, and shall pay a fine not exceeding five hundred pesos (P500,000).


Sec. 4. Competent Court. - Regular courts of competent jurisdiction shall have
exclusive and original jurisdiction over private persons charged under this Act. The
Sandiganbayan will have exclusive and original jurisdiction over government and public
officials charged under this Act. Finally, all military and police officials and personnel
charged under this Act shall be subject to the competent court martial duly constituted for
such purpose.

Sec. 5. Suspension and Loss of Benefits. - Any government and public official, police
or military officer or personnel against whom any criminal prosecution under a valid
information under this Act in whatever stage of execution and mode of participation, is
pending in court, shall be suspended from office in accordance with law. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law
but, if he is acquitted, he shall be entitled to reinstatement and to the salaries and other
benefits which he failed to receive during his time of suspension unless in the meantime
administrative proceedings have been filed against him.

Sec. 6. Repealing Clause. — All laws, rules, regulations, orders, circulars and
memoranda inconsistent with this Act are hereby repealed or modified accordingly

See. 7. Effectivity. — This Act shall take effect immediately upon approval.

Approved,