Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. _&° 21

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Under the inherent police power of the State, it has the authority to
define and punish crimes and to lay down the rules of criminal procedure.
States, as part of their police power, have a large measure of discretion in
creating and defining criminal offenses.

Statistics would show that over the years, there has been an increase
in victims of “Akyat Bayat”, “Budol-budo!”, “Laglag Barya”, “Ipit Taxi” and
“Dugo-dugo” and other crimes committed wherein its malefactors act in an
organized and concerted manner to ensure successful consummation of their
intended act. While apparently being isolated crimes, the truth thereof is
that the same is being consummated by organized crime groups, albeit some
are merely smail scale organizations.

Tn 2006, Republic Act 9344, otherwise known as the “Juvenile Justice
and Welfare Act of 2006", took effect, While the same Is 2 good statute
aimed at the reformation and protection of children at risk, or children in
conflict with the law and obviously inspired by the positivist theories of
criminal law, organized criminal groups have taken advantage of the law by
employing misguided minors in executing their unlawful designs.

It is thus intended that through the passage of this Bill, it will
effectively define and punish acts connected with the operation, recruitment
of members, of street gangs which has been difficult to prosecute in the past
by reason of the absence of punitive law declaring the same unlawful,
thereby protecting the innocent public under the principle of Sa/us Populi Est
Suprema Lex. The welfare of the people is the supreme law.

In view of the foregoing, the passage of this measure Is earnestly

sought. .
ay

Rep. JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO, C24

INTRODUCED 8Y REP. JOSEPH VICTOR G. EJERCITO

AN

ACT DETERRING AND PUNISHING THE ESTABLISHMENT AND

OPERATION OF CRIMINAL STREET GANGS, RECRUITMENT OF
INDIVIDUALS TO PARTICIPATE IN THE COMMISSION OF GANG

Be_it

CRIMES AND FOR OTHER PURPOSES

enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SECTION 12. Short Title - This Act shall be known as the “Criminal

Street Gang Deterrence and Punishment Act of 2012”.

terms

{a)

(b)

(a)

SECTION 2. Definition of Terms - As used in this Act, the following
shalt mean as follows:

“ Criminal Street Gang” - formal or informal group, club,
organization or association

“Predicate Gang Crime” - any threat or act, or attempted act or
threat, which is punishable under the Revised Penal Code and other
special laws and punishable by imprisonment of more than one (1)
year, involving murder; attempted murder; gambting; kidnapping;
robbery; extortion; arson; obstruction of justice; tampering with or
retaliating against a witness, victim or informant; butglary; sexual
assault; carjacking; manufacturing, importing, distributing and
possessing with intent to distribute, or otherwise dealing in
controlled substance(s) or chemicals; or other similar offenses.

SECTION 3. Prohibited Acts and Penaities -

Recruitment of a Person into a Criminal Street Gang. - It shall
be unlawful for any person to use any facility or cause another to
do so in order to recruit, solicit, induce, employ, command or cause
another individual to gain entrance to, remain a member of or
increase his position in a criminal street gang or conspire to do so
with the intent that the said individual shali participate in any
offense described in Section 2(b) of this Act.


(o)

{c)

Any person who violates the above provision shall suffer the penalty
of imprisonment of not more than ten (10) years: Provided, That if
the individual recruited, solicited, induced, employed, commanded
or caused gain entrance to, or to remain a member of, or increase
his position In a criminal street gang Is a minor, the offender shall
be imprisoned for not less than five (5) years nor more than ten
(10) years and fined at the discretion of the court. In addition, the
offender shalt be held liable for any costs incurred by the
government for maintaining and rehabilitating the individual until
he/she attain the age of eighteen (18) years.

Inducement to Participate in Street Gang Crime - It shali be
unlawful to employ, use, command, coerce, counsel, persuade,
induce or entice any individual to commit, cause to commit or
facilitate the commission of a predicate gang crime in furtherance of
or in aid of the activities of a criminal street gang.

Any person who violates the above provision shail suffer the penalty
of imprisonment of not more than fifteen (15) years: Provided, That
if the individual induced to participate in a street gang crime is a
minor, the offender shall be imprisoned for not tess than ten (10)
years or more than (15) years and fine at the discretion of the
court. In addition, the offender shall be held liable for any cost
incurred by the government for maintaining and rehabilitating the
individual until he attains the age of (18) years.

Participation in Street Gang Crimes - Any person who shall
commit, conspire or attempt to commit two {2) or more predicate
gang crimes in furtherance of or in aid of the activities of a criminal
street gang shall be imprisoned for not more than twenty (20)
years: Provided, That a person who at the time of the offense
occupied a position of management or supervision in the criminal
street gang involved in such violation shall be imprisoned for not
Jess than thirty (30) years.

SECTION 4. Violent Crime in Furtherance or in Aid of a Criminai
Street Gang -

Any person who, in furtherance of, or in aid of, a criminal street gang,

commits a crime of violence against any individual, or conspires or attempts

to do

so, shall be punished in addition and consecutive to the punishment

provided for any other violation of this Act, as follows:

{a)
(b)

(c)

(d)

For Murder: by life imprisonment;

For Kidnapping for ransom: by life imprisonment;
For Sexual Assault: by imprisonment of ten (10) years;

For Maiming: by imprisonment for five (5) years;


{e) For Assault with a dangerous weapon or assault resulting in serious
bodily injury: by imprisonment for (5) years;

(f) For Attempting or conspiring to commit a crime involving assault
with a dangerous weapon or assault resulting in serious bodily
injury: by imprisonment for five (5) years.

SECTION 5. Forfeiture of Assets - A person who violates any
provision of this Act shall, in addition to the penaities provided for the
violation, suffer forfeiture of assets corresponding to the following:

(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 violation.

SECTION 6. Implementing Rules and Regulations - The
Department of Justice and the Department of the Interior and Locai
Government shall jointly issue the implementing rules and regulations
necessary for the effective implementation of this Act.

SECTION 7. 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 8. Repealing Clause - Any law, Presidential Decree or
Issuance, Executive Order, Letter of Instruction, Administrative Order, Rute
or Regulation contrary to or inconsistent with the provisions of this Act is
hereby repealed, modified or amended accordingly.

SECTION 9. Effectivity Clause - This Act shal} take effect fifteen
(15) days after its publication in at least two (2) newspapers of general
circulation.

Approved,