i 
THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
S.B. No. 
f8G 
Introduced by SENATOR LUISA "LOI" P. EJERCLTO ESTRADA 
EXPLANATORY NOTE 
The disturbing presence of various criminal street gangs such as A&& 
Bahay, 
and Bukas 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 in 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 is 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. 
LUISA "LOI" P.kJERClT0 ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
S.B. No. 
18CR 
Introduced by SENATOR LUISA "01" P. UERCITO ESTRADA 
AN ACT 
DETERRING AND 
PUNISHING ESTABLISHMENT AND OPERATION OF 
CRIMINAL 
STREET 
GANGS, 
RECRUITMENT 
OF 
INDIVIDUALS 
TO 
PARTICIPATE THEREIN, COMMISSION OF VIOLENT GANG CRIMES, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Gang Prevention and 
Effective Deterrence Act of 2004" 
SECITON 2. Definition of Terms. - As used in this Act: 
1) CRIMINAL STREET GANG - The term "criminal street gang" means a formal 
or informal group, club, organization, or association of 3 or more individuals, 
who act in concert, or agree to act in concert, with a purpose that any of 
these persons alone, or in any combination, commit or will commit, 2 or more 
predicate gang crimes. 
2) PREDICATE GANG CRIME. - The term "predicate gang crime" means any act 
or threat, or attempted act or threat, which is chargeable under the Revised 
Penal Code and other special penal laws and punishable by imprisonment for 
more than 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, or manufacturing, importing, distributing, possessing with intent 
to distribute, or otherwise dealing in a controlled substance or listed 
chemicals, and other similar offenses. 


SECTION 3. Recruitment of Persons to Participate in a Criminal Street Gang. - 
1) PROHIBnED ACTS - It shall be unlawful for any person to use any facility or 
cause another to do so, in order to recruit, employ, solicit, induce, command, 
or cause another person to be or remain as a member of a criminal street 
gang, or conspire to do so, with the intent that the person being recruited, 
solicited, induced, commanded, or caused to be or remain a member of such 
gang participate in an offense described in Section 2 (2). 
2) PENALTIES- Any person who violates subsection (a) shall- 
(a) be imprisoned for not more than 10 years; and 
(b) if the person recruited, solicited, induced, commanded, or caused to 
participate in a criminal street gang is a minor - 
(1) be imprisoned for not less than 3 years and not more than 
10 years, fined under this title, or both; and 
(2) at the discretion of the sentencing judge, be liable for any 
costs incurred by the government, or by any local 
government, for housing, maintaining and treating the 
person until the person attains the age of 18 years. 
3) ILLEGAL PARTICIPATION IN CRIMINAL STREET GANGS- It shall be unlawful- 
_- 
(a) to participate in a criminal street gang by committing, or conspiring or 
attempting to commit, 2 or more predicate gang crimes- 
(1) in furtherance or in aid of the activities of a criminal street 
gang; or 
(2) for the purpose of gaining entrance to or maintaining or 
increasing position in such a gang. 
(b) to 
employ, use, command, counsel, persuade, induce, entice, or 
coerce any individual to commit, cause to commit, or facilitate the 
commission of, a predicate gang crime- 
(1) in furtherance or in aid of the activities of a criminal street 
gang; or 


(2) for the purpose of gaining entrance to or maintaining or 
increasing position in such a gang. 
4) PENALTIES- Any person who violates subsection (c) shall be imprisoned for 
twenty years, provided that: 
(a)a person who violates this Act, 1 of whose predicate gang crimes 
involves attempted murder or conspiracy to commit murder, shall be 
imprisoned for not less than 20 years; and 
(b)a person who at the time of the offense occupied a position of 
organizer, 
leader, 
supervisor, 
manager, 
or other position of 
management in the criminal street gang involved in such violation, 
shall be imprisoned for any term of years not less than 30 years or for 
life. 
5) ADDmONAL PENALTIES- In addition to any other penalty authorized by this 
section- 
(a) a person who violates this Act, I of whose predicate gang crimes 
involves attempted murder or conspiracy to commit murder, shall be 
imprisoned for not less than 20 years; and 
(b) a person who at the time of the offense occupied a position of 
organizer, leader, 
supervisor, manager, or other position of 
management in the criminal street gang involved in such violation, 
shall be imprisoned for any term of years not less than 30 years or 
for life. 
6) FORFEITURE- I N  GENERAL - A person who violates any provision of this 
section shall, in addition to any other penalty and irrespective of any 
provision of law be subject to forfeiture with respect to - 
(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. 
SECTION 4. Violent Crimes in Furtherance or in Aid of Criminal Street Gangs. - 
Any person who, in furtherance or in aid of a criminal street gang, murders, 
kidnaps, sexually assaults, maims, assaults with a dangerous weapon, commits 
assault resulting in serious bodily injury upon, or threatens to commit a crime of 
violence against any individual, or attempts or conspires to do so, shall be 
punished, in addition and consecutive to the punishment provided for any other 
violation of this Act--- 
(1) for murder, by death or imprisonment for any term of years or for life; 
(2)for kidnapping or sexual assault, by imprisonment for any term of 
years or for life; 
(3) for maiming, by imprisonment for any term of years or for life; 
(4)for assault with a dangerous weapon or assault resulting in section 
bodily injury, by imprisonment for not more than 30 years; 
(5) for attempting or conspiring to commit murder, kidnapping, maiming, 
or sexual assault, by imprisonment for not more than 30 years; and 
(6) for attempting or conspiring to commit a crime involving assault with a 
dangerous weapon or assault resulting in serious bodily injury, by 
imprisonment for not more than 20 years. 
SECTION 5. Separability Clause. - If 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. 
SECTION 6. 
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. 


t 
SECTION 7. Effectivity Clause. - this Act shall take effect fifteen (15) days after 
its publication in at least two (2) a newspapers of general circulation. 
Approved,