Republic of the Ph
HOUSE OF REPRESEN
Quezon City

FIFTEENTH CONGRESS
First Regular Session

552

HOUSE BILL NO.

Introduced by Congressman JUAN C. PONCE ENRILE, JR.

EXPLANATORY NOTE

Home invasion. Such is the term used to describe a disturbing pattern of crimes against
persons which is more dangerous and devious with its premeditated use of violence against
its victims who are predetermined based on their perceived inability to defend themselves.

Home invasion occurs when intruders force their way into an occupied residence or dwelling
place and with the use of violence or threat of violence against the occupants, proceed with
their criminal act. These criminals are different from ordinary burglars who target
unoccupied dwellings and are normally deterred by barred windows, strong locks and alarm
signals. Unlike common thieves who will avoid confrontation and will usually flee when
approached, home invaders specifically target the resident more than the residence, and relies
on the deliberate use of force during confrontation in order to overwhelm their victims

The crime is made more condemnable as is it committed against a person in a place
considered by all civilized people as an inviolable sanctuary of an individual ~ one’s own
home

“The inviolability of the home is one of the most fundamental of all the individual human
rights declared and recognized in the political codes of civilized nations. No one can enter
into the home of another without the consent of its owners or occupants. The privacy of the
home ~ the place of abode, the place where a man with his family may dwell in peace and
enjoy the companionship of his wife and children unmolested by anyone has always been
regarded by civilized nations as one of the most sacred personal rights to which men are
entitled.”

By defining the crime of home invasion and the imposition of strict penalties for the
commission of the same, this proposed Home Invasion Protection Act seeks to deter the
commission of such crimes against persons and to protect and preserve the sanctity of the
home.


With the recognition that the State is only responsible for general order and public safety, it
then becomes the responsibility of the individual homeowner to protect his own person, his
family and his property with whatever legal means possible ~ including the use of a legally
owned and duly registered firearm. Towards this end, this proposed measure likewise seeks
to further define the circumstances by which the use of force by the homeowner will be
deemed as legally justified when defending the sanctity of the home in the effort to prevent
or repel any attacks against the same.

For the approval of the House of Representatives,

JUAN fixie Fyn JR.


Republic of the Philip
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._552

Introduced by Congressman JUAN C, PONCE ENRIL!

AN ACT
DEFINING THE CRIME OF HOME INVASION, IMPOSIN' ‘ATUTORY
PENALITIES FOR THE COMMISSION THEREOF AND DELINEATIN' ae
JUSTIFIABLE USE OF FORCE AS A DETERRENCE TO THE SAME, AMENDING
FOR THIS PURPOSE THE PERTINENT PROVISIONS OF THE REVISED PENAL
CODE OF THE PHILIPPINES

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

Article 1
TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS

Section 1: Short Title. This act shall be known and cited as the ‘Home Invasion Protection
Act’;

Section 2: Declaration of State Policy. The State upholds the principle that the
inviolability of the home as one of the most fundamental of all individual human rights, and
that no one can enter the home of another without the consent of its owners or occupants.
The privacy of the home is regarded by the State as one of the most sacred personal rights to
which a citizen is entitled, and the State guarantees the right of the citizen of absolute
protection to the privacy of his home

While it is the acknowledged duty and responsibility of the Philippine National Police and

other law enforcement agencies to protect and promote public order and safety, the State

acknowledges that it is under no obligation to provide individual safety to each and every ,
citizen, and it therefore becomes the primary obligation and responsibility of each individual

to protect and uphold the sanctity of their homes and the safety of their own person and that

of their family.

‘The State further recognizes the right of the individual citizen to protect the privacy of his
home, his person, his family and his property from harm as an essential aspect of his
inalienable human right, including the wherewithal and the ability to do so with whatever
essential means possible and when circumstances so warrant. To ensure that that life and
property of each and every citizen is protected, it becomes the fundamental duty of the State


to guarantee full respect not only for the human rights of its citizens, but just as importantly,
their ability to protect and preserve such human rights.

Itis thereby declared to be a national policy not only to uphold the right of its citizens to own
and possess firearms for the protection of their human rights, the conveyance of the same
when the need arises or the environment so require but likewise its lawful use when
circumstances so warrant.

Section 3: Definition of terms. For purposes of this Act, the following terms shall mean
and be interpreted as hereunder defined:

(a) “Firearm” - as herein used, the term firearm includes rifles, shotguns, revolvers,
pistols. or any devise designed to be used as a weapon from which a projectile is
expelled by the force of any explosion or other forms of combustion

(b) “Residence” or “dwelling place” - refers to a home, apartment, condominium
unit, hotel room or ship’s cabin used by its legal owners or authorized occupants as
a place of residence either permanently or for a contracted period of time;

(©) “resident” or “homeowner” ~ refers to the legal occupant, the members of said
legal occupant’s household including household helpers domiciled in said
residence, as well as guests staying in the residence or dwelling place upon the
invitation or with the express permission of the homeowner or the members of the
homeowner's family;

(d) “justified”, “legally justified”, “lawfully justified” or “justifying circumstances” ~
when the act of the person is said to be in accordance with law, so that such person
is deemed not to have transgressed the law and is free from both criminal and civil
liability

(e) “unauthorized entry” ~ illegal ingress or trespass of a person or persons, forcible
or otherwise, armed or unarmed into the residence of another without the express
permission of the legal resident thereof.

Article 2
DEFINING AND PENALIZING THE CRIME OF HOME INVASION

Section 1: Defining the Act of Home Invasion - Any person who enters the residence or
dwelling place of another without the express permission or authority from the legal resident
thereof, with the full knowledge or reason to believe that one or more persons are present in
the said residence or dwelling place; or enters the residence or dwelling place of another in
the absence of any person in the said residence or dwelling place, without the express
permission of or authority from the legal resident thereof, and remains in such residence or
dwelling place until one or more of the legal resident thereof are present; and

(a) uses force or threatens the use of force upon any person or persons
within such residence or dwelling, regardless of whether or not actual
injury occurs, or

(b) causes any injury by any means to any person or persons within such
residence or dwelling place.

‘Section 2: Imposition of Statutory Penalties — The penalty of ‘prision mayor’ shall be
imposed upon any person or persons who is found guilty of the crime of home invasion


The maximum penalty of ‘reclusion temporal’ shall be imposed upon any person or persons
who committed the crime of home invasion armed with a deadly weapon, regardless of
whether or not said weapon was brought into the residence or dwelling place,

Should on the occasion of the commission of the crime of home invasion, either death or rape
result to the resident or any person or persons domiciled in such residence or dwelling place,
the penalty of ‘rec/usion perpetua to death’ shall be imposed on the perpetrators of the crime
of home invasion. Should on the occasion of the commission of the crime of home invasion,
serious physical injuries result to the resident or any person or persons domiciled in such
residence or dwelling place, the penalty of ‘veclusion remporal’ shall be imposed on the
perpetrators of the crime of home invasion.

Article 3
JUSTIFIABLE USE OF FORCE AS A DETERRENCE TO HOME INVASION

Section 1: Discharge of Firearms Within the Residence. ‘The willful discharge of a
firearm duly licensed and legally registered firearm by the homeowner or by any member of
the household who is a legal resident thereof and while within the premises of their residence
shall be considered as legally justified, provided, that such discharge of firearm was
undertaken in order to deter the commission of a crime or to raise alarm or warning against
possible danger;

Section 2: Presumption of Unlawful Intent. The unauthorized entry of any person or
persons inside the property limits of the legal residence of another, i.e., inside the perimeter
walls or boundary lines of the residence but outside of the main edifice, shall be legally
construed as having unlawful intent. The legal owner or authorized user of a firearm or any
member of the household who is a legal resident thereof shall be lawfully justified when
confronting said intruder or intruders with either a drawn firearm or a firearm aimed against
said intruders;

Section 3: Presumption of Unlawful Aggression. ‘The unauthorized entry of any person or
persons inside the main edifice of the legal residence of another shall be legally construed to
constitute unlawful aggression, The use of firearms by the legal owner or authorized user
thereof or by any member of the household who is a legal resident thereof against such
transgressions shall be lawfully construed to constitute reasonable necessity to prevent or
repel said unlawful aggression

Section 4: Use of Firearms in the Protection and Preservation of the Residence. The use
of firearms by the legal owner or authorized user thereof or by any member of the household
who is a legal resident thereof shall be considered as lawfully justified when undertaken to
repel any attack against said residence, prevent further damage to, destruction or usurpation
of the same or of any property or possession that are kept within the premises of said
residence. Provided, that there is no sufficient provocation on the part of the resident or the
homeowner and that such attacks or actions that will lead to the damage, destruction or
usurpation of the property or possession kept within the residence have already been initiated
against the same.

Section 5: Use of Firearms Outside of Residence. While in the act of defending one’s
person, family or property against the crime of home invasion or in the act of repelling the
same, the legal owner or authorized user of firearms shall be considered as lawfully justified
in using said firearms outside the premises of his residence. ‘The pursuit of a person ot
persons who committed the crime of home invasion immediately after or within a reasonable
time after the commission of the crime by the resident with a legally owned firearm outside


the premises of his residence shall be construed as an act integral to the defense of one’s
person, family or property.

Article 4
MISCELLANEOUS PROVISIONS

Section 1: Separability Clause. \f, for any reason any section of this Home Invasion
Protection Act, or any portion thereof, or the application of such section, provision or portion
to any person, group or circumstances is declared invalid or unconstitutional, the remainder
of this Act or the application of such section, portion or provision thereof to other persons,
groups or circumstances shall not be affected by such declaration

Section 2: Repealing Clause. All other laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby amended
or repealed

Section 3: Effectivity Clause. This Home Invasion Protection Act shall take effect fifteen

(15) days following its publication in the Official Gazette or in two (2) newspapers of general
circulation

Approved,