I
EXPLANATORY NOTE
This  bill  was  originally  introduced  as  House  Bill   No.   3322  during  the  Fourteenth
Congress.  It  was  approved  by  the  Committee  on  Public  Order  and  Safety  as  substitute
House  Bill  No.  5827  under  Committee  Report  No.  1690,  dated  January  26,  2009.  It  was
approved by the House of Representatives on March 5, 2009 and transmitted to the Senate
on  March  11, 2009 where it was not acted  upon.  It was re-filed during the 15th,16th and  |7th
Congresses.
The disturbing  presence of various criminal  street gangs such  as Akyaf Bahay and
Bwkas Kotse further exacerbates crime situation in the country, which of late has reached an
alarming level despite enforcement of supposedly stricter law enforcement measures.
In fact,  law enforcement authorities  have singled  out a  number of conspicuous and
public  places  in  Metro  Manila  as  hot  spots for commission  of certain  criminal  activities  by
members  of  these  gangs.  While  crimes  perpetuated  individually  are  at  all  time  high,  the
same could not be effectively abated and deterred if the Philippine National Police and other
law enforcement agencies will not succeed jn its crackdown of various criminal street gangs.
For  indeed,   most  of  these   individual   criminals,   though   may  not  be  full   pledged   gang
members, are in one way or another connected to many gangs and syndicates.
The  purpose  of  this   measure  is  to  address  this   predicament  by  deterring  and
punishing establishment and operation of criminal street gangs,  recruitment of individuals to
participate  therein,  and  commission  of violent  gang  crimes.  Through  this,  it  js  hoped  that
individuals   will   be   prevented   from   further  joining   various   syndicates   and   deter   gang
organizers and leaders to continue their operations.
Hence, immediate passage of this bill is earnestly sought.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
House Bill No.  5355
AN ACT
DETERRING AND  PUNISHING THE  ESTABLISHMENT AND OPERATION OF CRIMINAL
STREET    GANGS,    RECRUITMENT    OF    INDIVIDUALS    TO    PARTICIPATE    IN    THE
COMMISSION OF GANG CRIIVIES, AND FOR OTHER PURPOSES
Be  it eri?ct.ed  by the  Senate and  House of Representatives of the  Philippines in Congress
assembled:
SECTION   1.   Short  Ti.I/e.   -  This  Act  shall   be  known  as  the   "Cri.mi.na/  Street  Gang
Deterrence and Punishment Act".
SEC. 2. Deffn/.fi-on of Terms. -As used in this Act:
1)  CRIMINAL  STREET  GANG  -Formal  or  informal  group,   club,   organization,   or
association  of three (3) or more  members who alone or any combination thereof,  act(s) or
agree(s) to act in concert, in order to commit two (2) or more predicate gang crimes.
2) PREDICATE GANG CRIME.  -Any act or threat, or attempted act or threat, which
is  punishable  under the  Revised  Penal  Code and  other special  penal  laws and  punishable
by imprisonment for more than one (1) year,  involving  murder, attempted  murder, gambling,
kidnapping,  robbery,  extortion,  arson,  obstruction  of justice,  tampering  with  or  retaliating
against a witness,  victim,  or informant,  burglary,  sexual  assault,  carjacking,  manufacturing,
importing,   distributing,   possessing   with   intent   to   distribute,   or   otherwise   dealing   in   a
controlled substance(s) or chemicals, or other similar offenses.
SEC. 3. Prohibited Acts and Penalties.
(a) Recm/.fmenf of a Person /.nfo a Cri.in/.na/ Sfreef Gang. - lt shall be unlawiul for any
person  to  use  any  facility  or  cause  another  to  do  so,  in  order  to  recruit,  solicit,  indllce,
employ,  command,  or cause another individual to gain entrance to,  remain a member of or
increase  his/her position  in  a  criminal  street gang,  or conspire to  do so with  the  intent that
the said individual shall participate in any offense described in Section 2 (b) of this Act.
Any person who violates the above provision shall suffer the penalty of imprisonment
of not more than ten (10) years:  Prov/.ded, That if the individual recruited,  solicited,  induced,
employed, commanded, or caused to individual to gain entrance to or to remain a member of
or  increase  his/her  position  in  a  criminal  street  gang  is  a  minor,  the  offender  shall  be
imprisoned  for  not  less  than  five  (5) years  nor  more  than  ten  (10) years  and  fined  at the
discretion of the court.  In addition, the offender shall be held  liable for any costs incurred  by
the government for maintaining  and  rehabilitating  the  individual  until  he/she attains the age
of eighteen (18) years.
(b) /nducemenf to Part.ci.pare t.n Sfreef Gang Crt.me, - It shall be unlawiul to employ,
use, command, coerce, counsel, persuade, induce or entice any individual to commit, cause
to commit,  or facilitate the commission of a  predicate gang  crime  in furtherance or in aid  of
the activities of a criminal street gang.
Any person who violates the above provision shall suffer the penalty of imprisonment
of not more than fifteen (15) years: Prov/.bed, That if the individual induced to participate in a


street gang crime is a minor, the offender shall be imprisoned for not less than ten (10) years
nor  more  than  fifteen  (15)  years  and  fined  at  the  discretion  of  the  court.  In  addition,  the
offender shall  be  held  liable for any costs  incurred  by the  government for maintaining  and
rehabilitating the individual until he/she attains the age of eighteen (18) years.
(c) Parfi.ci.pafi.on /.n Sfreef Gang Crt.mes. -Any person who shall commit, conspire or
attempt to commit two (2) or more  predicate gang  crimes  in furtherance of or in aid  of the
activities of a criminal  street gang  shall  be  imprisoned for not more than twenty (20) years:
Prov/'ded,  That a  person  who  at the  time  of the  offense  occupied  a  position  of organizer,
leader,  supervisor,  manager,  or other position of management or supervision  in the criminal
street gang  involved  in  such violation,  shall  be  imprisoned for not less than  30 years or for
life.
SIC. .4. .Viplent Crimes in Furtherance or in Aid Of Criminal Street Gang. - AIny person
who,  in furtherance or in aid of a criminal street gang,   commits a crime of violence against
any   individual   or   conspires   or  attempts   to   do   so,   shall   be   punished   in   addition   and
consecutive to the punishment provided for any other violation of this Act, as follows:
(1).        Formurder:  by life imprisonment;
(2).        For kidnapping for ransom:  by life imprisonment;
(3).        For sexual assault: by imprisonment forten (10) years;
(4).        For maiming: by imprisonment five (5) years;
(5),       For  assault  with  a  dangerous  weapon  or  assault  resulting  in  serious  bodily
injury:  by imprisonment for five (5) years;
(6).        For  attempting   or  conspiring   to   commit   murder,   kidnapping,   maiming,   or
sexual assault: by imprisonment for five (5) years; and
(7),        For  attempting   or  conspiring   to   commit  a   crime   involving   assault  with   a
dangerous    weapon    or    assault    resulting    in    serious    bodily    injury:    by
imprisonment for five (5) years.
SEC. 5. Forfei-fare of Assets. --A person who violates any provision of this section shall, in
addition  to the  penalties  provided  for the violation,  suffer forfeiture of assets  corresponding
to the following:
(a) Any property constituting or derived from any proceeds the person
obtained, directly or indirectly, as a result of the violation; and
(b) Any property,  used or intended to be used,  in any manner or part,
to commit or to facilitate the commission of the violation.
SEC.  6.  /mp/emenfi.ng  Rt7/es  and Regu/afi-ons.  -  The  Department  of  Justice  and  the
Department of Interior and  Local  Government shall jointly issue the  implementing  rules and
regulations necessary for the effective implementation of this Act.
SEC.   7.   Separabi./i.fy   C/ause.   -   lf   any   provision   or   part   hereof,   is   held   invalid   or
unconstitutional,  the  remainder  of  the  law  or  the  provisions  not  otherwise  affected  shall
remain valid and subsisting.
SEC.  8.  Fiepea//.ng  C/ause.  -  Any  law,  presidential  decree  or  issuance,  executive  order,
letter of instruction,  administrative  order,  rule  or  regulation  contrary to  or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.
SEC. 9. Effecf7.y/.fy C/ause.  -This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation.
Approved,