Sixteenth Congress
Republic of the Philippines
Regular Session

Introduced by Honorable Samuel D. Pagdilao

HOUSE BILL NO. 5387
EXPLANATORY NOTE

It was recently reported, that there were at least 62 incidents of
indiscriminate gun firing recorded by the Philippine National Police from December
16, 2014 to January 5, 2015. Among the unfortunate victims was an 11 year-old
girl from Abra who died from a stray bullet.

Bach year, particularly during the holiday season, the serious problem of
indiscriminate gun firing constantly plagues our Country. A study of the Revised
Penal Code shows that the penalty imposed for this criminal act (found under
Article 155, Alarms and Scandals) is merely arresto menor or a fine not exceeding
200 pesos.

In order to address this, it is proposed that we should reclassify
indiscriminate gun firing into a form of Illegal Discharge of Firearms (found under
Article 254) which would increase the penalty for this criminal act to prision
correccional in its minimum and medium periods. By doing so, we will deter would~
be offenders from indiscriminately firing their guns. This would mean significantly
safer holidays for Filipinos,

Hence, immediate approval of this bill is earnestly sought.

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indiseriminate-firing


Sixteenth Congress
Regular Session

HOUSE BILL NO. 5387

Introduced by Honorable Samuel D, Pagdilao

AN ACT
AMENDING ARTICLES 155 AND 254 OF 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
the Congress assembled.

SECTION 1. Article 155 of Act No. 3815, as amended, otherwise known as
the Revised Penal Code, is hereby amended to read as follows;

“Art. 155. Alarms and scandals, — The penalty of arresto menor or a fine not
exceeding P200 pesos shall be imposed upon:

“1. Any person who shall instigate or take an active part in any charivari or
other disorderly meeting offensive to another or prejudicial to public tranquility;

“2. Any person who, while wandering about at night or while engaged in any
other nocturnal amusements, shall disturb the public peace; or

“3. Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, provided that the circumstances of the case
shall not make the provisions of Article 153 applicable.

SECTION 2, Article 254 of the same Act is hereby further amended to read
as follows:

“Art. 254. Discharge of firearms. — Any person who shall shoot at another with 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 for which a
higher penalty is prescribed by any of the articles of this Code.

“The same penalty shall be imposed upon any person who shall discharge
any firearm whether: (i) calculated to cause alarm or danger; or (ji.) fired


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‘iminately in the air, even if not aimed at a particular person.

“If the offender is a member of the Armed Forces of the Philippines, the
Philippine National Police, or any other goverment office with issued or access to
firearms, he shall suffer the higher penalty of prision correccional in its maximum
period.”

SECTION 3. Separability Clause. - If any part hereof is held invalid or
unconstitutional, the remainder of the provisions not otherwise affected shall
remain valid and subsisting.

SECTION 4, Repealing Clause. - 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.

SECTION 5, Bifectivity Clause. ~ This Act shall take effect fifteen (15) days
from its publication in the Official Gazette or in at least two (2) new papers of
general circulation.