Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Third Regular Session

House Bill No. 6105

Introduced by Magdalo Party-List Representatives
Hon. Francisco Ashley L. Acedillo and Hon. Gary C. Alejano

EXP! |ATORY NOTE

Numerous cases of injuries resulting from stray bullets as a result of the
indiscriminate firing of firearms especially during the holiday revelry have been
reported!. The violators included policemen, soldiers, security guards and civilians,
some of whom have even posted pictures of their nefarious acts in social media.

Their victims are mostly innocent bystanders and even people resting in the
comforts of their own homes. In a number of cases, tragic loss of lives resulted,
particularly in the case of young and the elderly victims.

So numerous were the cases of injuries resulting from the indiscriminate firing of
firearms to the extent that Malacafiang itself has been prompted to remind the
Philippine National Police (PNP) that it expects results from the PNP’s stray bullet
probes?

For its part, the PNP through its spokesperson, P/Chief Supt. Wilben Mayor, has
sounded the call for the need for tougher penalties against violators, noting that the
penalty for alarms and scandal, which covers indiscriminate discharge of firearms, is
only a maximum fine of P200.00 or imprisonment of one (1) to thirty (30) days.

In response to the clamor, the undersigned is proposing the amendment of Article
155 of Republic Act No. 3815, otherwise known as the Revised Penal Code, to
substantially increase the penalties for crime alarms and scandal, which covers
indiscriminate discharge of firearms.

Under this bill, the fine for the offense shall be increased from a maximum of
P200.00 to a minimum of P10,000.00 to a maximum of P40,000.00. Likewise, the
penalty of incarceration shall be increased from arresto menor (i.e., one [1] day to
thirty [30] days) to arresto mayor (ie., one [1] month and one [1] day to six (6)
months).

In addition, in order to further discourage this deadly practice, the firearm license(s)
and/or permit(s) to carry of the offender, if any, may be cancelled and/or revoked
and/or he can be charged with illegal possession of firearm.

1 See: Stray bullets injure 62 during New Year Festivities, ABS-CBN News Online; Information retrieved on 07 January 2015
from: http://www abs-cbnnews.cam/video/nation/01/05/15/stray-bullets-injure-62-during-new

2 See: Palace expect results from stray bullet probes by Aurea Calica; published in the Philippine Star and Philstar‘com on 04
January 2015; Information retrieved on 07 January 2015 at 1:07 am, rom:


In the case of those employed in the uniformed services, law enforcement agencies
and/or any of the branches of the Government, violators shall be subject to
summary dismissal from the service and shall suffer the accessory penalty of
perpetual disqualification from public office.

Itis the hope of the undersigned that these stringent penalties could help deter or at
least minimize the incidence of indiscriminate discharge of firearms in the future,
and hopefully, help bring down the number of injuries and loss of lives resulting
there from. In the case of persistent violators, they will have to contend with
heavier penalties, which hopefully could help eventually discourage the practice.

The immediate consideration and/or early enactment of this bill into law is, thus,
earnestly requested.

HON, NCISCO ASHLEY L. ACEDILLO (ON. GARYC. ALEJANO


COaVwaounewne

oot
12
13
14
15
16
7
18
19
20
21
22

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Third Regular Session

House Bill No. 6105

Introduced by Magdalo Party-List Representatives
Hon. Francisco Ashley L. Acedillo and Hon. Gary C. Alejano

AN ACT
IMPOSING MORE STRINGENT PENALTIES FOR THE CRIME OF ALARM
AND SCANDAL, AMENDING FOR THIS PURPOSE ARTICLE 155 OF
REPUBLIC ACT NO. 3815 OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AS AMENDED, AND FOR OTHER RELATED PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Amendment of Article 155 of the Revised Penal Code. - Article
155 of Republic Act No, 3815, otherwise known as the Revised Penal Code, as

amended, is hereby amended to read as follows, to wit:

“art. 155. Alarms and scandals. — The penalty of arresto
[menor] MAYOR AND/or a fine NOT less than P10,000.00 but not
exceeding [P200] P40,000.00 pesos shall be imposed upon:

1. Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;

2. 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;

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

4. 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.

IN THE CASE OF DISCHARGE OF FIREARM UNDER
PARAGRAPH 1, IN ADDITION TO THE PENALTY IMPOSED
HEREIN, ANY FIREARM LICENSE(S) AND/OR PERMIT(S) ISSUED
IN FAVOR OF THE OFFENDER MAY LIKEWISE BE SUMMARILY
CANCELLED AND/OR REVOKED. ON THE OTHER HAND, IF
‘THE FIREARM USED IS NOT COVERED BY A VALID LICENSE
AND/OR PERMIT, THE OFFENDER MAY LIKEWISE BE
PROSECUTED FOR THE OFFENSE OF ILLEGAL POSSESSION
OF FIREARM.

IN THE CASE OF A VIOLATOR WHO IS A POLICEMAN,
MEMBER OF THE ARMED FORCES OF THE PHILIPPINES (AFP),
LAW ENFORCEMENT OFFICER AND/OR MEMBER OF THE
UNIFORMED SERVICES OF THE GOVERNMENT AS WELL AS
AN OFFICER AND/OR EMPLOYEE OF ANY OF THE BRANCHES
OR AGENCIES OF THE GOVERNMENT, INCLUDING LOCAL
GOVERNMENT UNITS (LGUs) AND/OR AUXILIARY OF THE PNP,
AFP, NBI AND OTHER LAW ENFORCEMENT AGENCIES, THE
OFFENDER MAY LIKEWISE BE HELD ADMIMISTRATIVELY
LIABLE FOR HIS ACT OF DISCHARGING HIS FIREARM AND
MAY BE SUBJECTED TO SUMMARY DISMISSAL PROCEEDINGS
FOR WHICH HE MAY BE PERPETUALLY DISQUALIFIED FROM
‘HOLDING ANY PUBLIC OFFICE.”

SEC. 2. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby
shall continue to be in full force and effect.

SEC. 3. Repealing Clause. - All laws, decrees, rules and regulations
inconsistent with the provisions of this Act are hereby repealed, amended and/or
modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days following its

publication in at least (2) newspapers of general circulation or the Official Gazette.

Approved,