FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
R 
fiPR 15 " : 
- 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. No. 2 3 8  
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
Following the bombing at the House of Representatives last 2007 which killed 
four people, including Basilan Representative Wahab Akbar and wounded Negros 
Oriental Representative Henry Teves and Gabriela Women's Partylist Representative 
Luz Ilagan, there is now a growing clamor for lawmakers to immediately pass a 
measure to increase the penalty for the crime of illegal possession and manufacture of 
explosives. 
The deadly illegal undertaking of manufacturing blasting caps, detonating cords 
and ammonium nitrate for the production of bombs in the country traces its beginning 
back to the 1950s, when tanks, ammunition and explosive ingredients left behind by 
Japanese and American soldiers who fought in World War II could still be found in the 
beaches in the country. Encouraged perhaps by sightings of fish floating every time a 
bomb exploded at sea, the townsfolk found use for these remnants of war by devising 
their own explosives for use in fishing. 
The making of blasting caps in the country started innocently enough where 
empty milk cans are formed into cylindrical containers approximately 4 centimeters in 
length and 5 to 5 centimeters in diameter. Then a primary explosive is placed inside the 
cylinder. This explosive is usually a mixture of ammonium nitrate - 
a highly regulated 
substance also used as fertilizer - 
and gasoline. One end of the cylinder is sealed to 
keep the explosive ingredients from spilling while the other end is attached to a safety 
fuse. The cylinder, which is the blasting cap, is next implanted in a mixture consisting of 
more explosives, mainly ammonium nitrate, inside a bottle from whose mouth protrudes 
the fuse. This fuse will be lit to ignite the explosives inside the bottle. 
Today, the illegal explosives manufacturing industry is not limited to blasting 
caps. It also covers the trade in ammonium nitrate, which is a crucial ingredient in 
blasting caps and also in the making of dynamite. These days, this illegal blasting-cap 
trade boasts of a well-established network of financiers, dealers and sub-dealers, 
including licensed blasters, and has expanded operations all over the country. 
Moreover, no one connected with the illegal trade has been arrested and placed 
in jail. Reports from the PNP indicate that these blasting caps illegally manufactured in 
the Philippines are more "sensitive" than their legally manufactured counterparts and 
are therefore capable of achieving greater impact. For dynamite fishers, this means a 
bigger fish catch. For the terrorist, this means a greater damage wrought on a target. 


Data reveal that a kilogram of ammonium nitrate could produce 8 to 10 
dynamites the size of a soda bottle. Assuming ammonium nitrate sells at Phpl,800 per 
50 kgs. and blasting caps at Php30 each, a piece of dynamite could cost less than 
Php20 to make. A blasting cap can be used to make two pieces of dynamite since each 
cap is designed in such a way that it has a cylinder at either end. The safety fuse forms 
the middle section; when cut, one will have two pieces of cylinders, each with its own 
fuse. 
Originally meant as detonating devices for the explosives used in dynamite 
fishing, these blasting caps are now not only killing fish, but also sowing terror and 
killing innocent civilians in the major cities in the country, including Metro Manila, and 
perhaps even beyond Philippine borders. 
It is for this reason that this measure is being proposed to empower our law 
enforcement officers to crush the terrorist movement in the country and provide a stiffer 
punishment to those persons found responsible for the illegal trade of volatile materials 
used in making terrorist weapons such as bombs, blasting caps and other bomb 
paraphernalias. 
Under this proposed measure, any person who intends to import, possess or sell 
any chemicals used in the manufacture of bombs should file an application with the 
chief of the Philippine National Police indicating the purpose for the license or permit 
being requested. As such, only the person or entity who was able to secure the license 
or permit shall be allowed to purchase, import, or sell such chemical from license 
importers or dealers. Moreover, a permanent record of all transactions in connection 
with the chemicals shall be maintained and always open for inspection by appropriate 
authorities. 
It is hoped that this measure will help stop the proliferation of the illegal 
manufacture of bombs, blasting caps and bomb paraphernalia in the country for the 
protection and welfare of the general public. 
In view of the foregoing, the passage of this measure is earnestly sought. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
8 Rpw 15 
I\\[) 
::i i 
First Regular Session 
1 
S E N A T E  
S. No. - 
2158 
I 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
PROVIDING FOR THE STRICT REGULATION AND STIFFER PENALTIES 
FOR THE ILLEGAL I UNLAWFUL IMPORTATION, MANUFACTURE, 
ACQUISITION, SALE, DISPOSITION OR POSSESSION OF EXPLOSIVES 
AND CHEMICALS OR ACCESSORIES USED IN THE MANUFACTURE OF 
EXPLOSIVES, REPEALING FOR THIS PURPOSE EXECUTIVE ORDER NO. 
522 AND AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL 
DECREE NO. 1866, AS AMENDED, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 
1. 
Authority to Import, Sell or Possess Chemicals or 
Accessories for Explosives. - Only persons or entities issued a manufacturer’s 
license, dealer’s license or purchaser’s license by the Philippine National Police (PNP) - 
Firearms and Explosives Division may import any of the chemicals or accessories that 
can be used in the manufacture of explosives or explosive ingredients from foreign 
suppliers, or possess or sell them to licensed dealers or end users, as the case may be. 
Types of Chemicals/Accessories Covered. - The chemicals and 
accessories mentioned in the preceding section shall exclusively refer to chlorates, 
nitrates, nitric acid and such other chemicals and accessories that can be used for the 
manufacture of explosives and explosive ingredients. 
SEC. 2. 
SEC. 3. 
Record of Transactions. - Any person or entity who intends to 
import, sell or possess the aforecited chemicals or accessories shall file an application 
with the chief of the PNP, stating therein the purpose for which the license and/or permit 
is sought and such other information as may be required by the said official. The 
concerned person or entity shall maintain a permanent record of all transactions entered 
into in relation with the aforecited chemicals or accessories, which documents shall be 
open to inspection by the appropriate authorities. 
shall be penalized in accordance with Section 4 of this Act. 
SEC. 4. 
Unlawful Importation, A cqujsjtion, Sale, Disposition or 
Possession of Chemicals or Accessories That can be Used in the Manufacture of 
€xp/osives or Explosive Ingredients. - The penalty of imprisonment of not less than 
one (1) year but not more than five (5) years and a fine of not less than Fifty Thousand 
pesos (Php50,000.00) but not more than One Hundred Thousand pesos 
Failure to comply with the provision of this section shall constitute a violation and 
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(Php100,000.00) shall be imposed upon any person or entity who shall unlawfully 
import, acquire, sell, dispose of or possess chemicals or accessories that can be used 
in the manufacture of explosives or explosive ingredients, or who shall fail to comply 
with the provision of Section 3 of this Act: Provided, That if the guilty party is a 
corporation or a partnership, the fine to be imposed shall be the maximum amount. 
In the event that a person or entity is found without authority in possession of 
chemicals or accessories or other devices which when combined together can be used 
in the manufacture of explosives or explosive ingredients, then the maximum penalties 
under Section 5 of this Act shall apply. 
The same penalty shall be imposed upon the owner, president, manager, director 
or other responsible officer of any public or private firm, company, corporation or entity, 
who shall willfully or knowingly allow any of the explosives owned by such firm, 
company, corporation or entity, to be used by any person or persons found guilty of 
violating the provisions of the preceding paragraphslsection. 
In addition thereto, any violation of this Act shall be sufficient cause for the 
cancellation of the license and the confiscation of all such chemicals or accessories, 
whether or not lawfully imported, purchased or possessed by the subject person or 
entity. 
SEC. 5. 
Unlawful 
Importation, 
Manufacture, 
Acquisition, 
Sale, 
Disposition or Possession of Explosives or Instruments Used or Intended to be 
Used Therefor. - The penalty of reclusion temporal to reclusion perpetua, subject to 
the presence of mitigating circumstances, shall be imposed upon any person who shall 
unlawfully import, manufacture, assemble, acquire, sell, deal in, dispose of or possess 
any explosive or incendiary device or any part, machinery, tool or instrument thereof, 
whether chemical, mechanical, electronic, electrical or otherwise used or intended to be 
used for its manufacture, construction, assembly, delivery or detonation, where the 
explosive or incendiary device is capable or is intended to be capable of producing 
massive destruction to property or causing death or injury to any person or persons 
including, but not limited to, pillbox bomb, mototov cocktail bomb, fire bomb, hand 
grenade, rifle grenade, mortar and other explosive or incendiary device. 
Any person who commits any of the crimes defined in the Revised Penal Code or 
special laws with the use of the aforementioned explosives, detonation agents or 
incendiary devices, which resulted in the death of any person or persons, shall be 
punished with the penalty of reclusion perpetua. 
If the violation of this section is in furtherance of, or incident to, or in connection 
with the crime of rebellion, insurrection, sedition, or subversion, including the proposal 
or conspiracy to commit any of the aforecited crimes, the penalty of reclusion perpetua 
shall be imposed. 
The penalty of reclusion perpetua shall be imposed upon the owner, president, 
manager, director or other responsible officer of any public or private firm, company, 
corporation or entity, who shall willfully or knowingly allow any of the explosives or 
incendiary devices owned by such firm, company, corporation or entity to be used by 
any person or persons found guilty of violating the provisions of the preceding 
paragraphs. 
A person arrested under this section shall not be allowed to post bail. 
SEC. 6. 
Presumption of Unlawful Manufacture. - The possession of any 
part, machinery, tool or instrument directly used in the manufacture, construction, 
assembly, delivery or detonation of explosives or explosive ingredients, by any person 
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whose business or employment does not lawfully deal with the manufacture of 
explosives, shall be prima facie evidence that such article is intended to be used in the 
unlawful I illegal manufacture, construction, assembly, delivery or detonation of 
explosives or explosive ingredients, and shall be penalized accordingly. 
Disqualification from Public Office. - If a public officer is found 
guilty of violating any of the provisions of this Act, helshe shall be perpetually 
disqualified from public office with automatic forfeiture in favor of the government of any 
benefits or privileges due himlher, in addition to the penalties mentioned in the 
preceding sections. 
Implementing Rules and Regulations (IRR). - The PNP, in 
consultation with the Department of Trade and Industry, the Department of Agriculture, 
the Fertilizers and Pesticides Authority, the Department of Environment and Natural 
Resources and the relevant stakeholders in the commercial and industrial chemical 
industry, shall promulgate, not later than ninety (90) days after the approval of this Act, 
such rules and regulations necessary to effectively implement this Act. 
SEC. 9. 
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. 
Separability Clause. - If, for any reason, any provision of this Act 
is declared to be unconstitutional or invalid, the other sections or provisions hereof 
which are not affected thereby shall continue to be in full force and effect. 
SEC. 7. 
SEC. 8. 
SEC. I O .  
SEC. 11. 
Effectivity Clause. - This Act shall take effect after fifteen (15) 
days following its publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved, 
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