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

16"Congress
Second Regular Session

House Bill No__5374

Introduced by Representative Teddy Brawner Baguilat

EXPLANATORY NOTE

Every time we welcome a new year we always encounter stories of innocent
people dying from senseless indiscriminate firing committed by individuals who do not
care about the consequences of their actions. In 2015, there were sixty-one (61) victims
injured due to stray bullets.

Stephanie Nicole Ella, 11-years old, died because of this

Despite hearing these tragic stories every start of the year, one is left speechless
as to how this remains unsolved.

The act of indiscriminately firing and alarms and scandal is already punished under
the Revised Penal Code. Yet, given the years since the Code was passed, the penalty
remained the same without recognizing the cultural transformation and regular
occurrence of such felonies.

Hence, to keep it up to date and give greater teeth to the felonies covered, this Bill
is filed to increase the respective penalties for the commission of the felonies provided

In view of the foregoing, the passage of this Bill is earnestly sought.

r Baguitat
Representative, ona District of Ifugao


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

16"Congress
Second Regular Session

5374

House Bill No.

Introduced by Representative Teddy Brawner Baguilat

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 of Representatives of the Philippines
in Congress assembled:

SECTION 1. Article 155 of Act No, 3815 is hereby amended to read as follows:

“Art, 155. Alarms and Scandals, — The penalty of arresto menor or a fine
not exceeding 200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge
any [firearm], rocket, firecracker, or other explosive calculated to cause

alarm, or danger;

SEC. 2 Article 254 of the same Act is also hereby amended to read as follows:

“Art. 254. Discharge of Firearms. — Any person who shall shoot at
another any firearm shall suffer the penalty of prision correccional in its minimum
and medium periods, unless the facts of the 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.

ANY PERSON WHO SHALL WILLFULLY AND INDISCRIMINATELY
DISCHARGE ANY FIREARM, OR OTHER WEAPON, IN ANY PUBLIC PLACE
WHERE THERE IS ANY PERSON OR PROPERTY TO BE ENDANGERED
THEREBY SHALL SUFFER THE PENALTY OF PRISION CORRECCIONAL 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 BY ANY OF THE ARTICLES OF THIS CODE.


IF THE PERSON WHO WILLFULLY AND INDISCRIMINATELY
DISCHARGED A FIREARM, IS A MEMBER OF THE PHILIPPINE NATIONAL
POLICE, ARMED FORCES OF THE PHILIPPINES OR A LAW ENFORCEMENT
OFFICER, AND SUCH A DISCHARGE IS NOT IN THE PERFORMANCE OF
OFFICIAL DUTIES, THE PENALTY OF RECLUSION TEMPORAL IN ITS
MAXIMUM PERIOD SHALL BE IMPOSED.

IF THE WILLFUL AND INDISCRIMINATE DISCHARGE OF FIREARM
RESULTS IN INJURIES CAUSING THE DEATH OF A PERSON, THE
PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED.”

SEC. 3. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or two (2) newspapers of general circulation.

Approved,

Representative Lone District of Ifugao