FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. £)95 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The disturbing presence of various criminal street gangs such as Akyat 
Bahayand Bukas Kotse further e~acerbates 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 
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various syndicates and deter gang organizers and leaders to continue their 
operations. 
Hence, immediate passage of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
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Senate Bill No. 
() 95 
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INTRODUCED BY SEN. JINGGOY EJERCITO 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 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 2010." 
SEC. 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. 
SEC. 3. Recruitment of Persons to Participate in a Criminal Street 
Gang. -
1) PROHIBITED ACTS - It shall be unlawful for any person to use 
any facility or cause anotloler 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) PENAL TIES- 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 commil;;sion 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) ADDITIONAL PENAL TIES- In addition to any other penalty authorized by this 
section-
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(a) a person who violates this Act, 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- IN 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. 
SEC. 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. 
SEC. 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. 
SEC. 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. 
SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,