FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
%No. 2245 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In its May 2007 report, the Philippine Bomb Data Center recordcd a total of 374 
explosive-related incidents nationwide. These incidents are broken down as follows: 107 
bombings; 37 cxplosions; 21 0 recoveries of improvised cxplosive devices (II<Ds), unexpiodcd 
ordnances (UXO)s, explosive ingredients, and hoax device; 1 stolen/theft of explosives; 19 bomb 
tlireats. Of thc combined number of bombing and explosion incidents, a total of 94 people wcrc 
killed while 276 were injured for a total of 368. On bombing incidents, statistics by target 
showed that 32 targeted government personnel and facilities; 32 were commercial 
establishments; and 40 were private individuals/~esideiices, 
l'hcsc alarming numbers call for strict regulation of cxplosivcs and its precursor 
chemicals, as well as stiffer penalties for illegal activities related to it. 
This bill expands the list of chemicals and accessories used in the manufacture of 
explosives/explosive ingredients that would fall under the licensing and monitoring authority of 
the Philippine National Police. It imposes calibrated penalties for illegal importation, 
manufacture and possession of explosives and chemicals/accessories used in the manufacture of 
explosives/explosive ingredients. 
This is a senate counterpart bill to one filed in the House of Representatives by Rep. 
Philip A. Pichay, et. al. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR STRICT REGULATION AND STIFFER PENALTIES FOR THE 
ILLEGALKJNLAWFUL IMPORTATION, MANUFACTURE, ACQUISITION, SALE, 
DISPOSITION OR POSSESSION OF EXPLOSIVES AND CHEMICALS OR ACCESSORIES 
USED IN THE MANUFACTURE OF EXPLOSIVES, REPEALING EXECUTIVE ORDER 
NO. 522 AND AMENDING CERTAIN PROVISIONS OF 
PRESIDENTIAL DECREE NO. 1866, AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Authority to Import, Sell or Possess Chemicals or Accessories for 
Explosives. - Only persons or entities issued a manufacturer's license, dealer's license or 
purchaser's license by the Philippine National Police (PNP)-Firearms and Explosives Division 
may import any of the chemicals or accessories that can be used in the manufacture of explosives 
or explosive ingredients from foreign suppliers, or possess or sell them to licensed dealers or end 
users, as the case may be. 
SECTION 2. Types of Chemicals/Accessories Covered. - The chemicals and accessories 
mentioned in the preceding section shall exclusively refer to chlorates, nitrates, nitric acid and 
such other chemicals and accessories that can be used for the manufacture of explosives and 
explosive ingredients. 
SECTION 3. Record of Transactions. - Any person or entity who intends to import, sell 
or possess the aforecited chemicals or accessories shall file an application with the chief of the 
PNP, stating therein the purpose for which the license and/or permit is sought and such other 
information as may be required by the said official. The concerned person or entity shall 
maintain a peimanent record of all transactions entered into in relation with the aforecited 
chemicals or accessories, which documents shall be open to inspection by the appropriate 
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authorities. Failure to comply with the provision of this section shall constitute a violation and 
shall be penalized in accordance with Section 4 of this Act. 
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SECTION 4. Unlawful Importation. Acquisition, Sale, Disposition or Possession of 
Chenaicals or Accessories that can be Used in the Manufacture of Explosives or Explosive 
Ingredients. - The penalty of imprisonment of not less than one (1) year but not more than five 
(5) years and a fine of not less than Fifty Thousand Pesos (PSO,OOO.OO) but not more than One 
Hundred Thousand Pesos (P100,OOO.OO) shall be imposed upon any person or entity who shall 
unlawfully import, acquire, sell, dispose of or possess chemicals or accessories that can be used 
in the manufacture of explosives or explosive ingredients, or who shall fail to comply with the 
provision of Section 3 of this Act: Provided, That if the guilty party is a corporation or a 
partnership, the fine to be imposed shall be the maximum amount. In the event that a person or 
entity is found without authority in possession oichemicals or accessories or other devices which 
when combined together can be used in the manufacture of explosives or explosive ingredients, 
then the maximum penalties under Section S of this Act shall apply. 
The same penalty 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 
willfully or knowingly allow any of the explosives 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 paragraphdsection. In addition thereto, any violation of this Act shall be sufficient 
cause for the cancellation o f  the license and the confiscation of all such chemicals or accessories, 
whether or not lawfully imported, purchased or possessed by the subject person or entity. 
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SECTION 5. Unlawful Importation, Manufacture, Acquisition, Sale, Disposition or 
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Possession of Explosives or Instruments Used or Intended to be Used Therefore. - The penalty 
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of reclusion temporal to reclusion perpetua, subject to the presence of mitigating circumstances, 
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shall be imposed upon any person who shall unlawfully import, manufacture, assemble, acquire, 
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sell, deal in, dispose of or possess any explosive or incendiary device or any part, machinery, 
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tool or instrument thereof, whether chemical, mechanical, electronic, electrical or otherwise used 
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or intended to be used for its manufacture, construction, assembly, delivery or detonation, where 
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the explosive or incendiary device is capable or is intended to be capable of producing massive 
destruction to property or causing death or injury to any person or persons including, but not 
limited to, pillbox bomb, molotov cocktail bomb, fire bomb, hand grenade, rifle grenade, mortar 
and other explosive or incendiary device. Any person who commits any of the crimes defined in 
the Revised Penal Code or special laws with the use of the aforementioned explosives, 
detonation agents or incendiary devices, which resulted in the death of any person or persons, 
shall be punished with the penalty of reclusion perpetua. If the violation of this section is in 
furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition, 
coup d’etat, or subversion, including the proposal or conspiracy to commit any of the aforecited 
crimes, the penalty of reclusion perpetua shall be imposed. The penalty of 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 willfully or knowingly allow 
any of the explosives or incendiary devices 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. A person arrested under this section shall not be allowed to post bail. 
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SECTION 6. Presumption of Unlawful Manufacture. - The possession of any part, 
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machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery 
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or detonation of explosives or explosive ingredients, by any person whose business or 
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employment does not law€ully deal with the manufacture of explosives, shall be prima facie 
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evidence that such article is intended to be used in the unlawfUl/illegal manufacture, 
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construction, assembly, delivery or detonation of explosives or explosive ingredients, and shall 
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be penalized accordingly. 
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SECTION 7. Disqualzjkution from Public Ofjce. - If a public officer is found guilty of 
violating any of the provisions of this Act, he/she shall be perpetually disqualified from public 
office with automatic forfeiture in favor of the government of any benefits or privileges due 
him/her, in addition to the penalties mentioned in the preceding sections. 
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SECTION 8. Implementing Rules and Regulations. - The PNP, in consultation with the 
Department of Trade and Industry, the Department of Agriculture, the Fertilizers and Pesticides 
Authority, the Department of Environment and Natural Resources and the relevant stakeholders 
in the commercial and industrial chemical industry, shall promulgate, not later than ninety (90) 
days after the approval of this Act, such rnles and regulations necessary to effectively implement 
this Act. 
SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified 
accordingly. 
SECTION 10. Separability Clause. - If, for any reason, any 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. 
SECTION 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
following its publication in the OfJicial Gazette or in two (2) newspapers of general circulation. 
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Approved, 
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