SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regulaf Session 
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SENATE 
435 
S. B. No. _=-:.:.-.:.. 
'n JUL -4 i'\8 :10 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
Section 24, Article XVIII of the 1987 Constitution provides that as a State Policy, 
"Private armies and other armed groups not recognized by duly constituted authority shall be 
dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with 
the citizen armed force established in this Constitution, shall be dissolved or, where appropriate, 
converted into the regular force." 
It is the intent of this bill to address the oversight of government to implement the 
dismantling of private armed groups and armies - entities often involved in violations of laws, 
engage in acts of terrorism and other abuse. As evidenced in the recent Maguindanao Massacre, 
failure to keep private annies in check results in lawlessness and enables them to operate beyond 
the framework of the Constitution. 
Hence, in the best interest of the Republic, the inmlediate approval of this bill is urgently 
sought. 
FRANCIS G. ESCUDERO 


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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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'13 
JUL -4 i\B:1 0 
SENATE 
S. B. No. 4, ct. 5 
t·, 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
IMPLEMENTING SECTION 24, ARTICLE XVIII OF THE CONSTITUTION ON THE 
DISMANTLING OF PRIVATE ARMIES AND OTHER PRIVATE ARMED GROUPS 
NOT 
RECOGNIZED 
BY 
DULY 
CONSTITUTED 
AUTHORITY 
AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. This act shall be known as "The Anti-Private Army and Private 
Armed Groufs Act. " 
SEC. 2. Declaration of Policy; Prohibited Acts. It is the policy of the State pursuant to 
Section 24, Article XVIII of the Constitution that private armies and other private armed groups 
not recognized by duly constituted authority shall be dismantled. 
Towards this end, the following acts are prohibited: 
(a) leadership and membership in the organization, establishment, maintenance and/or of 
private armies or other armed groups or refusal to disband after notice from duly constituted 
authority; 
(b) abuse of the utilization of military and police personnel as security detail; 
( c) 
abuse of various permits pertaining to firearms as well as the unregistered 
importation thereof; 
(d) utilization of paramilitary forces and/or private security agencies as private armies or 
private armed groups; or 
(e) 
protection, financing, supplying or otherwise giving aid and comfort to private 
armies and other private armed groups. 
SEC. 3. Definition o/Terms. 
a. Dismantling - refers to the disbandment, disarming, demobilization or dissolution of 
private armies and other private armed groups, as well as the arrest and prosecution of those 
involved, or their voluntary surrender of firearms and abandornnent of their organization and 
activities. 
b. 
Financial and Logistical Resources -
include all forms of transportation, 
communication, safe houses, bank accounts, business, money-producing activities, sources of 
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weaponry, front organizations, etc. which private armies and other armed groups use to support 
their existence or activities .. 
c. 
Government Connection - covers the areas pertaining to government units, civil 
service, the PNP and the AFP where officials and any personnel thereof are found to be leaders, 
members, protectors, financiers or suppliers of private armies or other private armed groups, or 
are otherwise benefiting economically or psychologically from the existence or activities thereof. 
d. 
Leadership - pertains to natural or juridical persons who organized or recruit 
members fo~ a private army or private armed groups, maintain and/or 'use private armies and 
other private armed groups, control the actions or activities thereof, provide the direction or 
"brains" thereof, direct the commission of activities prohibited by this Act, or otherwise derive 
political, economic or psychological advantage out ofthe existence or activities thereof. 
e. 
Membership - refers to those who directly participate in the activities of private 
armies and other private armed groups without falling within the definition of leadership, are 
accomplices or accessories as defined by the Revised Penal Coe to the criminal activities thereof, 
the commission of activities prohibited by this Act, or otherwise give aid and comfort to the 
leaders and members thereof. 
f. 
Private Armed Group - is a group of at least three (3) but not more than nine (9) 
individuals, with weaponry, not recognized by duly constituted authority, or is utilized for the 
advancement, promotion andlor protection of vested political andlor economic interest, of any 
individual, family, clan or private group. The private armed group may be utilized, but not 
limited to, as bodygnards, intimidation force, or mercenaries or for the commission of activities 
prohibited by this Act. 
g. Private Army - is a group of at least then (10) individuals, with a leadership structure 
and weaponry, which is utilized in the same way as a private armed group. 
This also refers to authorized government para-military forces which no longer possess 
strategic or tactical value in the maintenance of peace and order. 
The definition includes the so-called "lost commands", as well as paramilitary forces and 
private security forces utilized for the advancement, promotion andlor protection of vested 
political andlor economic interests. 
This definition does not include rebel armies or units such as those of the National 
Democratic Front (NDF), Moro National Liberation Front (MNLF), and Rebolusyunaryong 
Alyansang Makabansa (RAM). 
h. Recognized by Duly Constituted Authority - means authorized by law, in accordance 
with law, or operating according to law. This term refers mainly to citizen soldiers or reservists 
under RA 7077. This definition shall also include duly-registered private security agencies and 
gun clubs, provided that these are not utilized for the advancement, promotion andlor protection 
of vested political andlor economic interests of any individual, family, clan or private group. 
i. Security Detail- is a schedule and duty detail of the Armed Forces of the Philippines 
(AFP) or Philippine National Police (PNP) personnel assigned to provide ,security to persons 
andlor property and includes a listing of the type of firearms, with respective serial numbers, that 
the personn11 are authorized to carry in the performance of their mission or duty. 
j. 
Weaponry -
covers all types of weapons which include firearms, explosives, 
ammunition and other deadly weapons used by private armies or other private armed groups. 
SEC. 4. Penalties for Leaders and Members. - The leaders and members of a private 
army or private mmed group who commit any of the prohibited acts in Section 2, Subparagraphs 
(a), (d), and (e) ofthis Act shall suffer the penalty imposed under this Section. 
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Any leader of a private army or a private armed group shall suffer the penalty of 
imprisonment of not less that six (6) years and one (1) day but not more than twelve (12) years, 
or a fine of not less that Two hundred thousand pesos (200,000) but not more than One million 
pesos (PI ,000,000); or both snch fine and imprisonment, at the discretion of the court: Provided, 
That if the leader is a public officer, he shall, in addition to the penalty herein imposed, suffer 
perpetual absolute disqualification from holding public office and be subject to administrative 
sanctions. 
If the leadership uses the veil of a juridical person, the responsible officers thereof shall 
also be punished as leaders. In addition, the registration, license or permit of the corporation, 
partnership, business enterprise, association, or organization shall be cancelled or revoked. 
If the leader is an alien, he shall, after serving his penalty, be deported. 
Protector, financiers or suppliers shall be treated and punished as leaders. 
Any member of a private army or a private armed group shall suffer the penalty of 
imprisonment of not less that six (6) months and one (1) day but not more than six (6) years, or a 
fine of not less than Five thousand pesos (P5,000) but not mote than Fifty thousand pesos 
(P50,000); or both such fine and imprisonment, as the discretion of the court: Provided, That if 
the member is a public officer or government employee, he shall, in addition to the penalty 
herein imposed, suffer temporary absolute disqualification from holding public office and be 
subject to administrative sanctions. 
SEC.S. Confiscation of Weaponry. - All weaponry of private armies and other private 
armed groups shall be confiscated, whether licensed or not, and shall be disposed of under 
existing policies, particularly for firearms, explosive and ammunition. 
SEC. 6. Submission of Security Detail. - A Security Detail shall be submitted to the 
Director General of the Philippine National Police (PNP) by all civilians, heads of civilian 
offices, corporations, organizations, associations and the like, as basis for 'the legal authority to 
detail security personnel. The Security Detail shall be kept current and updated from time to 
time as the ieed arises. 
SEC. 7. Abuse of Security Detail. - This prohibited act under Section 2, Subparagraph 
(b) shall include but not be limited to the following: 
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a. 
excess number of militaty andlor police personnel as security detail for Very 
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Important Persons (VIP) under existing policies; 
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b. 
utilization of an allowable security detail for the advancement, promotion and/or 
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protection of vested political andlor economic interests, including criminal or oppressive acts; 
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c. 
d. 
utilization of unauthorized personnel as security detail; or 
formation of so-called civil security units. 
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Those responsible shall be punished with imprisonment of not less than six (6) months 
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and one (I) day nor more than six (6) years, or by a fine of not less than Five thousand pesos 
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(PS,OOO) nor more than Two hundred thousand pesos (P200,000), or both such fine and 
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imprisonment, at the discretion of the court: PrOVided, That if the offender is a public officer, he 
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shall, in addition to the penalty herein imposed, be subject to the administrative sanctions. 
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SEC. 8. Abuse of Firearms Licenses or Permits. This prohibited act under Section 2, 
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Subparagraph ( c) shall include but not be limited to the following: 
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a. 
violations of existing policies on the ban on the carrying of fireanns outside of the 
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residence, issuance of Memorandum Receipts (MR), Mission Orders (MO), duty detail orders, 
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licenses to own and pennits to carry fireanns; 
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b. 
c. 
d. 
law. 
unauthorized issuance ofMR or MO to carry fireanns; 
unauthorized acquisition of fireanns by government units; or 
unauthorized importation of fireanns which are not registered in accordance with 
Those responsible shal1 be punished according to Section 4 hereof, without prejudice to 
liability for illegal possession of fireanns and violations of other applicable laws. 
SEC.I 9. 
Paramilitary Forces As Private Armies or Private Armed Groups. -
Paramilitary. forces, such as the CAFGUs and CVOs, which are utiliz\)d as private annies or 
private armea groups, or which no longer possess strategic or tactical value in the maintenance 
and administration of peace and order, shall be dismantled, demobilized or dissolved 
immediately. 
Erring personnel shall be dismissed from the service immediately, without 
prejudice to prosecution for criminal acts or commission of acts prohibited by this Act. 
SEC. 10. Security Agencies as Private Armies. - Private security agencies which are 
utilized as private armies or private anned groups shall be dismantled and disanned, and their 
registrations cancelled or revoked. 
Private security forces shall be regulated against their 
utilization for the advancement, promotion andlor protection of vested political andlor economic 
interest, beyond legitimate security needs or the activities prohibited by this Act. No public 
officials shall own or operate any private security agency. A violation of the latter prohibition 
shall subject the public officer to administrative sanctions and the security agency to cancellation 
of its registration. 
SEC. 11. Priorities in Dismantling of Private Armies. - The Department of the Interior 
and Local Govennnent (DILG), Department of National Defense (DND) and Department of 
Justice (DOJ) shall prioritize the following in the dismantling of private annies: 
a. 
b. 
c. 
annies; 
d. 
and 
large and long-existing private annies; 
private annies with government connections; 
paramilitary forces and private security forces which are utilized as private 
private armies with formidable weaponry, financial andlor logistical resources; 
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leaders, protectors, financiers and suppliers of private annies. 
e. 
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SEC. 12. Sanctions on Unit Commanders and Heads. - Unit commanders or heads of 
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law enforcement units who are negligent in dismantling private annies and other private armed 
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groups in their respective areas of responsibility shall be subject to administrative sanctions. 
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SEC. 13. Incentives. The full range of incentives shall be applied in the dismantling of 
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private annies and private anned groups, to include but not limited to the following: 
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a. 
reward and incentives to government witnesses and infonnants; 
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b. 
immunity from criminal prosecution to government witnesses; 
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c. 
State Witness rule; 
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d. 
Witness Protection program; 
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e. 
non-prosecution for voluntary surrender of weaponry and voluntary disbandment 
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within a specified period; 
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incentives for the voluntary surrender of firearms as in the "Balik-baril" program; 
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or 
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g. 
promotions and incentives for meritorious action of law enforcement units. 
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SEC. 14. Monitoring System. There shall be set into place a system to monitor the 
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following: 
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a. 
b. 
c. 
surrendered or confiscated weaponry, financial and! or logistical resources; 
deactivated or demobilized members of paramilitary forces; 
security details for VIPs; and 
d. 
licenses and permits pertaining to firearms and explosives including the 
importation thereof. 
SEC. 15. Special Prosecutors. - The Department of Justice (DOJ), in coordination with 
the Offices of the State, Provincial and City Prosecutors, shall designate at least two (2) 
prosecutors in each province and city to handle prosecution of cases for violations of this Act. 
SEC. 16. Jurisdiction. - The Regional Trial Courts shall have original and exclusive 
jurisdiction over all cases involving offenses punishable under this Act. 
SEC. 17. Oversight Committee. - Within thirty (30) days from the approval of this Act, 
there shall be formed an Oversight Committee which shall monitor the implementation of this 
Act. The Oversight Committee shall be composed of the Secretary of the Interior and Local 
Government as Chairman and the Secretary of the National Defense, the Secretary of Justice, the 
National Security Adviser, the Director General of the Philippine National Police, the Chief of 
Staff of the Armed Forces of the Philippine, two (2) members of the Senate to be designated by 
the Senate President, and two (2) members of the House of Representatives to be designated by 
the Speaker. 
SEC. 18. Implementing Rules and Regulations. - Within thirty (30) days from the 
effectivity of this Act, the Departments of the Interior and Local Government, Justice and 
National Defense in coordination with other agencies of government concerned shall promulgate 
and issue tl;Ie necessary Rules and Regulation for the effective implementation of this Act 
without prejhdice, however, to the immediate implementation of the provisions of this Act which 
do not require any implementing rules and regulations. 
SEC. 19. Report to Congress. - The Oversight Committee shall submit quarterly reports 
to Congress on the status ofthe implementation ofthis Act. 
SEC. 20. 
.. Appropriations. -
The amount necessary for the dismantling of private 
annies and other private armed groups shall be charged to the appropriations of the Department 
ofthe Interior and Local Government under the current General Appropriations Act. Thereafter, 
such amount as may be necessary for the continued dismantling of private armies and other 
private armed groups shall be included in the annual General Appropriations Act. 
SEC. 21. Separability Clause. If for any reason, any section or provision of this Act, or 
any portion thereof, or the application of such section, provision or portion thereof to any person, 
group or circumstance is declared invalid or unconstitutional, the remainder of this Act or the 
application of such provision to other persons, groups or circumstances shall not be affected by 
such declaration. 
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SEC. 22. Repealing Clause. All laws, decrees, executive orders, issuances and rnles and 
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regulations which are inconsistent with the provisions of this Act are hereby considered repealed, 
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amended or modified accordingly. 
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SEC. 23. Effectivity. This Act shall take effect thirty (30) days after its publication in 
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the Official Gazette or in at least two (2) national newspapers of general circulation. 
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Approved, 
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