Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 116

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO.

EXPLANATORY NOTE

This proposed measure was certified as an urgent measure by the president
last congress. It passed on third reading at the House of Representatives on
October 15, 2009. The Senate approved this on second reading last March
2010 but due to lack of time, this bill did not reach third reading at the Senate.

‘As a background, Presidential Decree No. 1866 was signed by President
Marcos in June 29, 1983 so police authorities can go after manufacturers of
illegal firearms, curtail the proliferation and sale of illegal firearms or
ammunitions in the market and address critical public safety concerns at that
time.

Fourteen (14) years since the promulgation of P.D. 1866, the Tenth Congress
passed in June 6, 1997, Republic Act No. 8294 entitled, “An Act Amending the
provisions of Presidential Decree No. 1866, as amended, entitled “Codifying
the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunition or Explosives or
Instruments used in the Manufacture of Firearms, Ammunition or Explosives,
and Imposing Stiffer Penalties for Certain Violations Thereof, and for relevant
purposes”.

Congress responded to the clamor for a law that will rectify the injustice
resulting from the disproportionate penalties imposed under P.D. No. 1866
for simple unlawful possession of firearms/explosives and other related
offenses which are deemed contrary to the constitutional injunction against
excessive penalties.

‘Twelve (12) years after we passed Republic Act no. 8294, Congress is again
addressing critical situations in the entire country. The present law failed to
deliver its deterrent effect and it somehow contributed to the proliferation of
loose firearms. Violators continue to flaunt and disgrace the law with


impunity. The lowering of penalties has even ignited the passion of some
offenders from transgressing the law and some quarters in our society
believed that these offenders are in connivance with unscrupulous judges
which can promulgate minimum period of sentences so they can easily get out
from prison at the shortest time.

Today, Congress must respond to the call of the times to pass a law amending
further P. D. 1866. Law enforcement agencies in the country have been calling
for stiffer penalties to solve the proliferation of illegal firearms and explosives
as well as illegal manufacture of firearms.

We must amend the existing law to address effectively the stringent policy
requirements of our law enforcement agencies and ensure better protection of
our communities and people. It is for the best interest of the Filipino people
that we strengthen our public administration policies and enhance the
capability of our judicial system as well as secure the safety and lives of our
people through the effective maintenance of peace and order.

Let us support the early passage of this measure. SD
BPugee


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines
FIFTEENTH CONGRESS

First Regular Session

HO!

E BILL NO. 116

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

AN ACT

FOR STIFFER PENALTIES FOR CRIMES RELATING TO
FIREARMS AND LIGHT WEAPONS, FURTHER AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 1866, AS AMENDED ENTITLED
“CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED
IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES”

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

SECTION 1. Section 1 of Presidential Decree No. 1866, as amended, is
hereby further amended to read, as follows:

“SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Firearms, LIGHT WEAPONS or Ammunition or Instruments Used or
Intended to be Used in the Manufacture of Firearm, LIGHT WEAPONS or
Ammunition. ~ The penalty of [prision correccionalJRECLUSION TEMPORAL in
its maximum period [and a fine of not less than Fifieen thousand pesos (P\ 15,000)]
TO RECLUSION PERPETUA shall be imposed upon any person who. shall
unlawfully (manufacture, deal in,] acquire{, dispose] or possess any [low powered]
firearm|,], [such as rimfire handgun, 380 or .32 and other firearm of similar firepower,
part of firearm, ammunition, or machinery, tool or instrument used or intended to be
sed in the manufacture of any firearm or ammunition: Provided, That no other crime
ommitted,] THE TERM “FIREARM” REFERS TO ANY HANDHELD OR
PORTABLE WEAPON FROM WHICH ANY BULLET, BALL SHOT OR
OR OTHER DEADLY PROJECTABLE MAY BE DISCHARGED
IEANS OF EXPLOSION OR PERCUSSION OR ANY INSTRUMENT OR
IMPLEMENT WHICH CAN BE READILY CONVERTED OR HAS BEEN
CONVERTED TO BE CAPABLE OF DOING THE SAME. THE TERM ALSO
INCLUDES AUTOMATIC RIFLES NOT EXCEEDING CALIBER 7.62 MM
AND AIR, GAS OR SPRING OPERATED PISTOLS OR RIFLES NOT
CLASSIFIED AS TOYS BY THE PHILIPPINE NATIONAL POLICE (PNP) IN



COORDINATION WITH THE DEPARTMENT OF TRADE AND INDUSTRY.
THE BARREL OF ANY FIREARM SHALL BE CONSIDERED AS A
COMPLETE FIREARM.

“THE PENALTY OF RECLUSION PERPETUAL SHALL BE
IMPOSED OF THEREE (3) OR MORE FIREARMS ARE UNLAWFULLY
ACQUIRED OR POSSESSED.

“THE PENALTY OF RECLUSION
UPON ANY PERSON WH LL UNLAWFULLY ACQUIRE OR
POSSESS A LIGHT WEAPON. TERM “LIGHT WEAPON” REFE!
A WEAPON DESIGNED FOR USE BY TWO (2) OR MORE P|
SERVING AS A CREW OR MAY BE CARRIED AND USED BY A SINGLE
PERSON WHICH SHALL INCLUDE DRUM-FED AND BELT-FED
SUBMACHINE, LIGHT AND HEAVY MACHINE GUNS, HAND-HELD
UNDER-BARREL AND MOUNTED ENADE LAUNCHERS, PORTABLE
ANTI-AIRCRAFT GUNS, PORTABLE LAUNCHERS OF ANI
MISSILE SYSTEMS, AND MORTARS OF A CALIBER OF LESS THAN ONE
HUNDRED (100) MILLIMETERS. A LIGHT WEAPON SHALL BE
LAWFULLY ACQUIRED OR POSSESSED EXCLUSIVELY BY THE
ARMED FORCES OF THE PHILIPINES (AFP) OR THE PHILIPPINE
NATIONAL POLICE (PNP).

ERPETUA SHALL BE IMPOSED

“IN ANY CASE, WHERE AN UNLICENSED FIREARM OR LIGHT
WEAPON IS CARRIED IN PARTS BY, OR IS OTHERWISE IN THE
POSSESSION OF TWO (2) OR MORE PERSONS, EACH AND EVERY ONE
OF THOSE PERSONS SHALL BE DEEMED IN POSSESSION OF THE
FIREARM OR LIGHT WEAPON.

“WHEN ANY OF THE ARMS CARRIED BY A GROUPED OF THREE
(3) OR MORE PERSONS IS AN UNLICENSED FIREARM OR LIGHT
WEAPON, IT SHALL BE PRESUMED THAT THE SAID GROUP IS A
CRIMINAL SYNDICATE, AND IN CASE THE GROUP SHALL BE
CONVICTED FOR VIOLATION OF ANY OF THE PROVISIONS OF THIS
ACT AND OTHER EXISTING LAWS, THE PENALTY TO BE IMPOSED
SHALL BE IN THE MAXIMUM PERIOD.

“The penalty of prision mayor in its minimum period [and a fine of Thirty
thousand pesos (P\ 30,000)] TO RECLUSION TEMPORAL IN ITS MAXIMUM
PERIOD shall be imposed [if the firearm is classified as high powered firearm which
includes those with bores bigger in diameter than .38 caliber and .9 millimeter such as
calibre .40, .41, .44, .45 and also lesser calibered firearms but considered powerful
such as calibre .367 and calibre .22 center-fire magnum and other firearms with firing
capability of full automatic and by burst of two or three: Provided, however, That no
other crime was committed by the person arrested.] UPON ANY PERSON WHO
SHALL UNLAWFULLY POSSESS OR ACQUIRE AMMUNITION FOR
FIREARMS. THE TERM “AMMUNITION” REFERS TO LOADED SHELLS
FOR RIFLES, MUSKETS, CARBINES, SHOTGUNS, REVOLVERS, PISTOLS
AND OTHER FIREARMS AND LIGHT WEAPON FROM WHICH A
BULLET, BALL, SHOT, SHELL OR OTHER MISSILE MAY BE FIRED BY



MEANS OF GUNPOWDER OR EXPLOSIVES. IT ALSO INCLUDES BLANK
AMMUNITION, FUSES, PRIMERS, GRENADES, BOMBS AND OTHERS.
LIKE MISSILES, WHETHER OR NOT IT CAN BE USED WITH ARMS, AND
ANY AMMUNITION CONTAING, OR DESI D OR ADAPTED TO
CONTATIN ANY NUCLEAR, BIOLOGICAL, | RADIOLOGICAL,
MICAL OR EXPLOSIVE MATERIALS, ANY NOXIOUS LIQUID AND.

“THE PENALTY OF RECLUSION TEMPORAL IN ITS MINIMUM
‘O RECLUSION PERPETUA SHALL BE IMPOSED UPON ANY
RSON WHO SHALL UNLAWFULLY PC OR ACQUIRE
AMMUNITION FOR LIGHT WEAPONS.

“THE PENALTY OF PRISION CORRECCIONAL IN ITS MAXIMUM.
OD TO PRISION MAYOR IN ITS MINIMUM PERIOD SHALL BE
'D UPON ANY PERSON WHO SHALL UNLAWFULLY ACQUIRE
OR POSSESS MAJOR PARTS OR COMPONENTS OF A FIREARM, LIGHT
WEAPON OR AMMUNITION.

“THE PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED
UPON ANY PERSON WHO SHALL UNLAWFULLY ENGAGE IN THE
MANUFACTURE, SALE OR DISPOSITION O FIREARMS, LIGHT
WEAPONS OR AMMUNITION, COMPONENTS OR PARTS OF FIREARMS
AND LIGHT WEAPONS AND AMMUNITION.

“THE PENALTY OF PRISION CORRECCIONAL IN ITS MINIMUM
PERIOD TO PRISION MAYOR SHALL BE IMPOSED UPON THE
LABORERS OR WORKERS OF THE MANUFACTURING COMPANY OR,
FIREARMS DEALER WHO SHALL KNOWINGLY AND WILLINGLY
PARTICIPATE IN ANY OF THE UNLAWFUL ACTS MENTIONED IN THE
PRECEDING PARAGRAPH.

“THE PENALTY OF RECLUSION TEMPORAL IN ITS MAXIMUM
TO RECLUSION PERPETUA SHALL BE IMPOSED UPON SUCH
LABORER, WORKER OR EMPLOYEE OF A LICENSED FIREARMS
MANUFACTURING COMPANY OR LICENSED FIREARMS DEALER WHO
SHALL UNLAWFULLY TAKE, SELL OR OTHERWISE DISPOSE OF
PARTS OF FIREARMS WHICH THE COMPANY MANUFACTURES AND
SELLS AND OTHER MATERIALS USED BY THE COMPANY IN THE
MANUFACTURE OR SALE OF FIREARMS. THE BUYER OR THE
{SSOR OF SUCH STOLEN PARTS OR MATERIALS SHALL SUFFER
AME PENALTY AS THE LABORER, WORKER OR EMPLOYEE.

“THE PENALTY OF PRISION MAYOR IN ITS MAXIMUM PERIOD
TO RECLUSION EMPORAL AND A FINE OF ONE HUNDRED
THOUSAND PI (P\ 100,000.00) SHALL BE IMPOSED UPON ANY
PERSON WHO SHALL UNLAWFULLY MANUFACTURE, DEAL IN,
ACQUIRE, DISPOSE OF OR POSSE: MACHINERY, TOOLS OR
INSTRUMENTS USED OR INTENDED TO BE USED IN THE



MANUFACTURE OF FIREARMS, LIGHT WEAPONS, PARTS AND
AMMUNITION.

“LF THE BUSINESS OR EMPLOYMENT DOES NOT LAWFULLY
DEAL WITH THE MANUFACTURE OF FIREARMS, LIGHT WEAPONS OR
AMMUNITION, THE POSSESSION OF ANY MACHINERY, TOOL OR
INSTRUMENT USED IN THE MANUFACTURE OF FIREARMS, LIGHT
WEAPONS, PARTS, ACCESSORIES AND AMMUNIITON SHALL BE
PRIMA FACIE EVIDENCE THAT SUCH ARTICLE IS INTENDED TO BE.

SED IN THE UNLAWFUL OR ILLEGAL MANUFACTURE OF
FIREARMS, LIGHT WEAPONS OR AMMUNITION.

“If homicide or murder is committed with the use of an unlicensed firearm OR
LIGHT WEAPON, such use of an unlicensed firearm OR LIGHT WEAPON shall
be considered as an aggravating circumstance.

‘IF ANY OTHER CRIME PUNISHABLE BY THE REVISED PENAL
CODE AND OTHER SPECIAL LAWS WAS COMMITTED BY THE PERSON
ARRESTED, THE VIOLATION OF THIS ACT SHALL BE CONSIDERED AS
A DISTINCT AND SEPARATE OFFENSE: PROVIDED, HOWEVER, THAT
{I]if the violation of this [Section] ACT is in furtherance of or incident to, or in
connection with the crime of rebellion, or insurrectionf, sedition], or attempted coup
d etat, such violation shall be absorbed as an element of the crime of rebellion, or
insurrection[, sedition], or attempted coup d’etat.

¢ [same] penalty of RECLUSION TEMPORAL IN ITS MAXIMUM
PERIOD TO RECLUSION PERPETUA shall be imposed upon the owner,
president, manager, director or other responsible officer of any public or private firm,
company, corporation or entity, who shall wilfully or knowingly allow any of the
firearms OR AMMUNITION owned by such firm, company, corporation or entity to
be used by any person or persons found guilty of violating the provisions of the
preceding paragraphs or wilfully or knowingly allow any of them to use unlicensed
firearms or firearms without any legal authority to be carried outside of their
residence in the course of their employment.

“The penalty of [arresto mayor] PRISION CORRECCIONAL IN ITS
MINIMUM PERIOD TO PRISION MAYOR IN ITS MINIMUM PERIOD AND
A FINE OF TWENTY THOUSAND PESOS (P20,000.00) shall be imposed upon
any person who shall carry any licensed firearm outside his residence without legal
authority therefor.

SEC. 2. Section 2 of the same Decree on “Presumption of Illegal Manufacture
of Firearms or Ammunition” is hereby deleted.

3. Section 5 of the same Decree, as amended, is hereby further amended.
to read as follows:

. 5. Tampering of Firearmf‘]s [Serial Number]. - ANY
MODIFICATION MADE ON A FIREARM THAT SHALL ALTER ITS
IDENTITY, INFORMATION OR BALLISTIC CHARACTERISTIC


SHALL REQUIRE THE ISSUANCE OF A NEW LICENSE. The penalty
of [prision correccional] RECLUSION TEMPORAL IN ITS MAXIMUM.
PERIOD TO RECLUSION PERPETUA shall be imposed upon any person
who shall unlawfully tamper[,] WITH, change, deface or erase the serial
number, OR MODIFY THE IDENTITY, INFORMATION OR
BALLISTIC CHARACTERISTIC of any firearm.”

SEC. 4. New sections designated as Sections 7, 8, 9, 10, 11 and 12 are hereby inserted
to read as follows:

“SEC. 7. FIREARMS, LIGHT WEAPONS OR AMMUNITION IN
DURING THE PENDENCY OF THE CASE, SEIZED
LIGHT WEAPONS, AMMUNITION, MACHINERY, TOOLS OR
MENTS SHALL NOT BE DISPOSED OF, ALIENATED OR
‘TRANSFERRED BUT SHALL BE IN THE CUSTODY OF THE COURT OR
IN ‘CUSTODIA LEGIS’: PROVIDED, THAT THE COURT SHALL
AUTHORIZE THE PNP TO HOLD SUCH FIREARMS, LIGHT WEAPONS,
MACHINERY, TOOLS OR INSTRUMENTS FOR SAFEKEEPING DURING
- PENDENCY OF THE CASE AND TO DELIVER THE SAME OT THE
COURT WHEN SO ORDERED: PROVIDED, FURTHER, THAT NO BOND
ALL BE ADMITTED FOR THE RELEASE OF THE SAME: PROVIDED,
ALLY. THAT ANY VIOLATION HEREOF SHALL BE PUNISHABLE BY
‘LUSION TEMPORAL TO RECLUSION PERPETUA.”

IMPOSED FOR VIOLATION OF THE PROVISIONS OF THIS AC
CARRY WITH IT THE ACCESSORY PENALTY OF CONFISCATION AND
KITURE OF THE FIREARMS, LIGHT WEAPONS, AMMUNITION,
S IN FAVOR OF THE
= DISPOSED OF IN ACCORDANCE

WHICH SHALL.

ABILITY FOR PLANTING OF EVIDENCE CONCERNING
IT WEAPONS AND AMMUNITION. — THE PENALTY OF
RECLUSION TERMPORAL IN ITS MAXIMUM PERIOD SHALL BE
IMPOSED UPON ANY PERSON WHO SHALL WILLFULLY,
JUSLY AND SURREPTITIOUSLY INSERT, PLACE, ADD OR
ATTACH, DIRECTLY OR INDIRECTLY, THROUGH ANY OVERT OR
COVERT ACT, ANY FIREARM, LIGHT WEAPON OR AMMUNITION IN
THE PERSON, HOUSE, EFFECTS OR IN THE IMMEDIATE VICINITY OF
AN INNOCENT INDIVIDUAL FOR THE PURPOSE OF IMPLICATING OR
INCRIMINATING HIM/HER OR IMPUTING THE COMMISSION OF ANY
VIOLATION OF THE PROVISIONS OF THIS ACT TO SAID INDIVIDUAI
PROVIDED, THAT IF THE PERSON FOUND GUILTY HEREIN IS A
PUBLIC OFFICER OR EMPLOYEE, HE/SHE SHALL SUFFER THE
PENALTY OF RECLUSION PERPETUA.”

“SEC. 10. ILLEGAL TRANSFER OF FIREARMS. - IT SHALL BE
UNLAWFUL FOR ANY SELLER TO TRANSFER THE POSSESSION OF
ANY FIREARM OR AMMUNITION OR ANY PART OF A FIREARM TO A


BUYER WHO HAS NOT YET OBTAINED OR SECURED THE NECESSARY
LICENSE OR PERMIT THEREOF.

“ANY PERSON WHO SHALL VIOLATE THE PROVISION OF THE
PRECEDING PARAGRAPH SHALL BE DISQUALIFIED TO APPLY FOR A
LICENSE TO POSSESS OTHER FIREARMS AND ALL HIS EXISTING
FIREARMS SHALL BE REVOKED.

NY PUBLIC OFFICER OR PERSONNEL WHO SHALL.
KNOWINGLY REGISTER AN UNLICENSED OR STOLEN FIREARM
SHALL SUFFER THE PENALTY OF PRISION CORRECCIONAL IN ITS
MINIMUM PERIOD TO PRISION MAYOR.”

“SEC. 1. ISSUANCE, REVOCATION, CANCELLATION AND
ENSION OF LICENSES AND PERMITS. — FIREARMS HAVE TO BE
ISTERED WITHT EH FIREARMS AND EXPLOSIVES DIVISION OF
THE PHILIPPINE NATIONAL POLICE (FED-PNP) TO BE CONSIDERED
LICENSED. THE CHIEF, PNP OR HIS AUTHORIZED REPRESENTATIVE
SHALL E LICENSES AND OTHER PERMITS TO ANY QUALIFEID
NATURAL OR JURIDICAL PERSON WHO SHALL ACQUIRE, POSS
DEAL IN, SELL OR DISPOSE FIREARMS, PARTS OF FIREARMS,
AMMUNITION AND AMMUNITION COMPONENTS. HE MAY ISSUE A
PERMIT TO CARRY A FIREARM OUTSIDE OF RESIDENCE TO ANY
QUALIFIED PERSON IN MERITORIOUS CAS AS MAY BE
’ TERMINED BY HIM AND UNDER CONDITIONS HE MAY IMPOSE.

SRSON WHO SHALL MANUFACTURE OR

IS, LIGHT WEAPONS, PARTS OF FIREARMS,
IN, AMMUNITION COMPONENTS, INSTRUMENTS USED 'OR
DED TO BE L DI

“FIREARMS WITH EXPIRED LICENSES WHICH HAVE NOT BEEN
=NEWED FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF
PIRATION THEREOF SHALL BE SURRENDERED, CONFISCATED OR
FORFEITED IN FAVOR OF THE GOVERNMENT AFTR DUE PROC!
ALL OTHER EXISTING FIREARMS LICENSES OF SUCH HOLDER OF AN
UNRENEWED LICENSE SHALL BE SURRENDERED, CONFISCATED OR
FORFIETED IN FAVOR OF THE GOVERNMENT ID HOLDER OF THE
FIREARMS SHALL BE PERPETUALLY DISQUALIFIED FROM.
APPLYING FOR ANY FIREARM LICENSE.

“SI 12. GROUNDS FOR REVOCATION, CANCELLATION OR
SUSPENSION OF LICENSE OR PERMIT. — THE CHIEF, PNP OR HIS
AUTHORIZED REPRESENTATIVE MAY REVOKE, CANCEL OR
SUSPEND A LICENSE OR PERMIT ON THE FOLLOWING GROUNDS:

“(A) COMMISSION OF A CRIME INVOLVING A FIREARM WHICH
IS PUNISHABLE BY THE REVISED PENAL CODE AND SPECIAL LAWS:



“(B) CONVICTION BY A COMPETENT COURT OF A CRIME
INVOLVING MORAL TURPITUDE OR ANY OFFENSE WHERE THE
PENALTY CARRIES AN IMPRISONMENT OF MORE THAN SIX (6)
MONTHS OR A FINE OF AT LEASE ONE THOUSAND PESOS (P\ 1,000.00);

“(C) LOSS OF FIREARM THROUGH NEGLIGENCE;

“(D) CARRYING OF FIREARM IN PROHIBITED PLACES;

“(E) CARRYING OF FIREARM OUTSIDE RESIDENCE OR
WORKPLACE WITHOUT A PERMIT TO CARRY A FIREARM;

“(F) UNAUTHORIZED LOAN OF FIREARM TO ANOTHER
PERSO!

“(G) DISMISSAL FOR CAUSE FROM THE SERVICE, IN CASE OF
GOVERNMENT OFFICIALS/EMPLOYEES;

“(H) COMMISSION OF ANY OF THE ACTS PENALIZED UNDER
REPUBLIC ACT NO. 9165 OR THE “COMPREHENSIVE DANGEROUS
DRUG CT OF 2002’; AND

“) SUBMISSION OF FALSIFIED =DOCUMENTS OR
MISREPRESENTATION IN THE APPLICATION TO OBTAIN A LICENSE
OR PERMIT.”

SEC. 5. The PNP shall issue within ninety (90) days after the approval of this Act, the
necessary rules and regulations relating to the administrative aspect of the provisions
of this Act.

SEC. 6. If, for any reason, any section or provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 7. Alll laws, decrees, executive orders, rules and regulations and other issuances
or parts thereof which are inconsistent with this Act are hereby repealed, amended or
modified accordingly.

SEC. 8. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,