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

HOUSE °F REPRESENTATIVES
RECEIVED

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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Seventeenth Congress
First Regular Session

1190_

House Bill No.

introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

Firearms smuggling is e 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 counities 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 international 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
te fight the illicit firearms trafficking, as one of the protocols to the United
Nations Transnational Organized Crime Convention.

The Philippines too is not exempted irom firearms smuggling. In fact, it
is rated second in terms of the number of firearms that are smuggled into



Japan. It is a 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 Sayaffare believed to have been
smuggled into Philippines via the southern 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 earnestly sought.

pY M. LOYOLA


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

Seventeenth Congress
First Regular Session

1190

House Bill No,

Introduced by Honorable Roy M. Loyola

AN ACT DEFINING THE CRIME OF FIREARMS SMUGGLING, PROVIDING
PENALTIES THEREFORE AND FOR OTHERPURPOSES

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

SECTION 4. Short Title. This Act shall be known as the "Anti-Firearms
2 Smuggling Act of 2016."

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 butalso the citizens of the country where such firearms:
are illegally brought. Towerds this end, firearms ‘smuggling is hereby made an
offense and provided with stiffer penalties for the purpose of preventing if no
totally eradicating the evils accompanying the same.

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

a) "Firearms Smuggling" - Refers to the act of any person who,
through the use of any fraudulent machinations, shail 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 iaw, 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 cf 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 {erm 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, rifle grenade, pill box bomb, molotov
cocktail bomb, or other incendiary devices and other chemical compound or
chemical mixture that contains any combustible unit or ather ingredients in
such proportion or packing that ignites by fire, by friction, by concussion, by
percussion, or by detonation of al or any part of the compound or mixture
causing such a sudden generation of highly heated gases that resultant
gaseous pressure are capable of producing destructive effects on contiguous
objects or destroying life or limb.


4) "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.

©) "Syndicate" - refers to at least thres persons organized for the purpose of
5 engaging in firearms smuggling.

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

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

13 2. To export or attempt to export fraudulently or giving assistance in
14 sodoing, any firearm or parts thereof, explosive, ammunition or
18 machine, implements, equipments or tools for the manufacture of
16 firearm, ammunition or explosive;

17 3. Toentice, induce, encourage or persuade another by offer of
18 money, gift, anything of value, employment, advantage or other
19 considerations, or by threat or use of force, fraud, deception, coercion
20 or abuse of authority, to import or bring into the Philippines, or export
2 fromthe Philippines any firearm or parts therecf, explosive,
22 ammunition or machine, implements, equipments or tools for the
23 manufacture of firearm, ammunition or explosive or to cause said
24 fraudulent importation or exportation;

28 4. To assist in the conduct of misrepresentation or fraud for purposes
26 of facilitating the acquisition of clearances and entry or exit documents
ar from government agencies or officials that are mandated to conduct

28 examinations and inspections of cargoes, cartoons, baggage, other



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containers, cloths or things where the firearm, explosive or
arimunition could have been packed, placed or inserted;

5. To facilitate, assist and help in the importation and exportation
from/to the country at international 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 8. 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 vesselor 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


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that may be imposed upon conviction.

d.) Any person who belongs to a 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 government 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 tothe 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.


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(a) 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 formulation of policies and implementation
of relevant programs:

(b) 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.

(c) Department of Justice (DOV) - shall initiate the filing of complaints
involving emuggled firearms and ensure the effective prosecution of
guilty patties.

SECTIONS. Reporting Requiremonts. - 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 40. Funding. - The amount needed to implement the
provisions of this Act shall be charged against the current year's

appropriation or savings ofthe respective agencies concerned. Thereafter,
such sums as may be necessary for the continuous implementation of the Act,
shall be included in the annual Generat Appropriations Act.


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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 shall 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 45, 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,