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SEVENTEENTH CONGRESS | ew’ REGISTRATION UxNT

First Regular Session BILLS AND INDEX SERVICE

House Bill No. 1146

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

The 1987 Constitution provides that the maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy. Furthermore, it is a policy of the State to protect
and promote the right to health of the people and instill health consciousness among them.

The recent 2016 New Year's revelry left one citizen dead, while nine (9) people had lost a
hand while 329 sustained injuries that did not need amputation. At least 50 people endured eye
trauma from the indiscriminate use of firecrackers. Though firecracker-related mishaps during
the festivities plunged to an all-time low, such number is still a substantial figure. Every New
Year, our hospitals expect droves of injured individuals due to the use of firecrackers. It is high-
time that the Filipino People learned their lessons and finally realize the dangers that these

firecrackers pose to them and their families.

It is the intention of this bill to order Local Government Units (LGUs) to establish
communal areas where the public can use their firecrackers wherein the firemen, policemen, and
medics will be on standby to prevent the use of illegal firecrackers, control the scope of the
fireworks display, and immediately offer first aid to those who encountered accidents during

their use of firecrackers.

In view of the foregoing, immediate approval of this bill is earnestly requested.

NX

IN. GAR¥ C. ALEJANO


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 1146

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
REGULATING THE USE OF FIRECRACKERS TO SPECIFIC AREAS DESIGNATED
BY LOCAL GOVERNMENT UNITS

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 “Firecrackers Zone Act of
2016”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to preserve
and maintain peace and order, protect life, liberty, and property, and promote the general welfare
by regulating and limiting the use of firecrackers to areas specified by Local Government Units

SEC. 3. Definitions. ~

1) Accredited Operator — an accredited operator is a person/group of persons who is/are
granted a license by a Local Government Unit to use and light up firecrackers in an area

specifically reserved by the said Local Government Unit for the use of firecrackers.

2

Launching Area ~ Area specifically reserved by a Local Government Unit for the use,
launch, and display of firecrackers. The area reserved shall not fall within a three hundred
meter (300 M) radius from any public/private hospital, public/private educational
institution, gasoline station, or residential area. Such area shall be equipped with
sufficient water supply and enough firemen in order to extinguish any fires that may be
ignited by the firecrackers.

3) Firecrackers — The following are common types of firecrackers that shall be allowed to be

used or launched only in the designated launching area:


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(1) Baby rocket — A firecracker with a stick so constructed that lighting of the wick will
propel the whole thing to lift a few meters before exploding. The firecracker is about 1 ¥/
inches in length by 3/8 inch in diameter while the stick is about a foot in length;

(2) Bawang — A firecracker larger than a triangulo with 1/3 teaspoon of powder packed
in cardboard tied around with abaca strings and wrapped in shape of garlic;

(3) Small triangulo — A firecracker shaped like a triangle with powder content less than
the bawang and usually wrapped in brown paper measuring % inch length in its longest
side;

(4) Pulling of strings — A firecracker consisting of a small tube about an inch in length
and less thar. % of an inch in diameter with strings on each end. Pulling both strings will
cause the firecracker to explode;

(5) Paper caps — Minute amount of black powder spread in either small strips of paper
‘ona small sheet used for children's toy guns;

(© El diablo — Firecrackers tubular in shape about 1% inches in length and less than %
inch in diameter with a wick; also known as labintador;

(7) Watusi — Usually reddish in color about 1% inches in length and 1/10 inch in width
usually ignited by friction to produce a dancing movement and a crackling sound;

(8) Judah's belt — A string of firecrackers consisting of either diablos or small triangulos
that can number up to a hundred or thereabout and culminating in large firecracker
usually a bawang;

(9) Sky rocket (kwitis) — A large version of a baby rocket designed to be propelled to a
height of forty (40) to fifty (50) feet before exploding:

(10) Other types equivalent to the foregoing in explosive content.

B. Pyrotechnic Devices:

(1) Sparklers — Pyrotechnic devices usually made of black powder on a piece of wire or
inside a paper tube designed to light up and glow after igniting;

(2) Luces — Any of several kinds of sparklers;

(3) Fountain — A kind of sparkler conical in shape which is lighted on the ground and
designed to provide various rising colors and intermittent lights upon being ignited;

(4) Jumbo regular and special — A kind of sparkler similar to a "fountain" but bigger in
size;

(5) Mabuhay — Sparklers bunched into a bundle of a dozen pieces;

(© Roman candle — A sparkler similar to a "fountain" but shaped like a big candle;

(7) Trompillo — A pyrotechnic device usually fastened at the center and designed to spin
first clockwise and then counter-clockwise and provides various colored lights upon
being ignited;


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(8) Airwolf -— A kind of sky rocket shaped like an airplane with a propeller to rise about
forty (40) or fifty (50) feet and provide various kinds of light while aloft;

(9) Whistle device — Any of the various kinds of firecrackers or pyrotechnic designed to
either simply emit a whistle-like sound or explode afterwards upon being ignited;

(10) Butterfly — Butterfly-shaped pyrotechnic device designed to lift above ground
while providing light;

(11) All kinds of pyrovechnie devices;

(12) Other types equivalent to the foregoing devices. Firecrackers and pyrotechnic
devices previously determined by the Director-General of the Philippine National Police
(PNP) as prohibited shali retain their prohibited status and their manufacture, sale,

distribution, and use shall continue to be prohibited.

SEC. 4. Prohibited Types of Firecrackers and Pyrotechnic Devices. - The sale,
distribution and use of other types of firecrackers and pyrotechnic devices not mentioned in the
preceding section of such explosive content that could endanger the life and limb are hereby
prohibited. Determination of what constitutes prohibited firecrackers and pyrotechnic devices
shall be vested with the Philippine National Police (PNP).

SEC. 5. License Requirements, - A license or permit to use firecrackers in the designated
launching area shall be granted by the Local Government Unit which has in its territory the
designated launching area. No license or permit shall be issued to any person/ persons wishing to
use firecrackers which have been designated as prohibited. Any person/persons desiring to use
and launch firecrackers shall file for his application for the issuance of a license or permit with
the municipal or provincial office of the Local Government Unit. Reasonable fees may be
charged for the issuance of said licenses or permits to defray the cost of regulating the use of

firecrackers.

SEC. 6. Designated Area for the Use of Firecrackers and Pyrotechnic Devices. - The
use of firecrackers and pyrotechnic devices shall be permitted only to accredited operators, and
only in the area specifically designated by Local Government Unit. Firemen, Policemen, and
Medics shall be assigned in the firecrackers area. Those violating this Section shall be punished
in accordance with this Act.

SEC. 7. Penalties. - Any violation of the provisions of this Act shall be penalized as
follows:

a. For the first offense, a fine of Five Thousand Pesos (P5,000.00) or imprisonment
of not more than one (1) month but not less than twenty (20) days, or both fine and
imprisonment, at the discretion of the Court;


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b. For the second offense, a fine of Ten Thousand Pesos (P10,000.00) or
imprisonment of not more than three (3) months but not less than one (1) month, or both fine and
imprisonment, at the discretion of the Court.

c. For the third offense, a fine of Fifteen Thousand Pesos (P15,000.00) or
imprisonment of not more than six (6) months but not less three (3) months, or fine and
imprisonment, at the discretion of the Court. If the violation is committed by a business
establishment, the President, General Manager, or other person, acting in behalf of either the
President or General Manager shall be held liable in the case of a corporation or partnership, or
the owner or proprietor or the person acting in his behalf shall be held responsible in the case of
a single proprietorship. In addition to the foregoing penalties, the business permit of the business
establishment shall be cancelled by the appropriate Local Government Unit upon the commission
of the third offense.

SEC. 8. Promulgation of Rules and Regulations. - The Department of Interior and Local
Government shall formulate the guidelir.es to fully implement the provisions of this Act.

SEC. 9. Separabil
declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall

Clause. - If, for any reason, any part of provision of this Act is

remain in full force and effect.
SEC. 10. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed,

amended or modified accordingly.

SEC. 11. Effectivity. - This Act shall take effect upon its approval fifteen days after its
publication in two rewspapers of general circulation.

Approved,