Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 805

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

Incessant and viral news that security personnel at the Ninoy
Aquino International Airport have been ‘planting’ bullets (/aglag-bala)
in the luggage of travellers in order to extort many from them have
significantly damaged the country's reputation with the international
community. Reported victims include not only unsuspecting foreign
tourists but also Filipino overseas contract workers whose
employment abroad have been jeopardized by the incidents. The
victims allege they were made to choose by arresting officers if they
want to be apprehended or just hand over bribe money.

On the other hand, several apprehensions were also made on
passengers who admitted having possessed the unlicensed
ammunition but merely intended the same as amulets or as souvenirs
or for other cultural, non-security or crime-related purposes.

Section 28 of Republic Act 10591, also known as the
“Comprehensive Firearms and Ammunition Regulation Act” prohibits
the unlawful acquisition or possession of ammunition and penalizes
the offense with a minimum prison term of six (6) to twelve (12) years.
The law, being a malum prohibitum, declares unlawful the mere
possession of an ammunition without the prerequisite license or
permit regardless of the volume of ammunition found and of the
possessor’s intent on the use of the same.

The scam had resulted to the loss of confidence from the general
public and apprehension on the implementation of the existing law on
firearms and ammunition in what appears to be a ‘legal loophole’
exploited by corrupt and inept airport security officials and personnel.

While the government must remain on guard and prevent the
unauthorized carrying of bullets as it bears on the issue of security and
safety of the (airline) passengers and the general public amidst the
threat of terrorism, it must also ensure that the implementation of
security measures and pertinent laws are not abused by unscrupulous
government employees and officials to the detriment of innocent


civilians.

The law must also provide for a mechanism that would allow
possessors of unlicensed ammunition the opportunity to present and
buttressed their predicament of albeit unwisely possessing the
contraband for 'cultural-' or non-security-related purposes and be
relieved from criminal prosecution under certain conditions ..

This bill seeks to amend Section 28 of Republic Act 10591 by
providing for the mechanism and conditions for the determination of
the propriety of filing criminal complaint against alleged possessor of
unlicensed ammunition, for small arms in particular.

Under the proposed measure, two situations are contemplated :
(1) when the alleged possessor of the unlicensed ammunition denies
his possession of the contraband; (2) when the alleged possessor
admits possession of the unlicensed ammunition but claims a non-
security or crime-related purpose or intention for the contraband. In
both instances, the apprehending officer is mandated to conduct an
investigation of the incident by considering the personal circumstances
of the alleged possessor as well as other relevant circumstances
surrounding the incident to assess whether or not:

1) The circumstances appreciated reasonably negate any
probability that the alleged possessor is in fact in possession
of the unlicensed ammunition; or

2) The circumstances reasonably negate the suspicion that the
unlicensed ammunition admittedly possessed is intended to be
used for unlawful or illegal purposes.

On the basis of such assessment, the apprehending officer
determines the propriety of filing a criminal complaint against the
alleged possessor for violation of RA 10591.

Personal circumstances of the alleged possessor of the unlicensed
ammunition may include his education, reputation, age, physical
condition, or any other pertinent circumstance that may bear upon the
denial of possession, or intent of the possessor with respect to the use
of unlicensed ammunition admittedly possessed. Surrounding
circumstances of the incident may include the volume of the
unlicensed ammunition allegedly or admittedly possessed and the
manner or means of alleged possession of the same.

Through this mechanism and conditions, would-be victims of the
scam or those who admit possession of unlicensed ammunition sans
any illegal purpose are spared from the trouble of immediate arrest and
from. torment of undergoing inquest proceedings and facing criminal
charges without sufficient opportunity to defend themselves at the
point of apprehension. It will also relieve concerned security personnel
from their duty of immediately effecting the arrest of persons whose
criminal liability under existing law reasonably appears to be in doubt.

The bill also mandates the apprehending officer to conduct the


investigation in a manner that would cause the least inconvenience to
the person and rights of the alleged possessor of unlicensed
ammunition.

It should be noted that the proposed amendment applies in
particular only to alleged possession of unlicensed ammunition for
small arms and does not include ammunition intended for Class A & B
of light weapons. The reason being that under Section 10 of RA 10591,
only small arms may be registered by licensed citizens or licensed
juridical entities for ownership and possession, and light weapons shall
be lawfully acquired or possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by the President in the
performance of their duties. Only in cases where ammunition for light
weapons were allegedly possessed but denied on grounds that the same
have been ‘planted’ that the mechanism may apply.

Finally, while RA 10591 is a special law (malum prohibitum), there
is no constitutional infirmity nor any legal impediment for Congress to
enact an amendment to the same requiring the appreciation of intent
in the determination of whether criminal liability shall attach in the
commission of any act proscribed by the law. Such amendment is
within the plenary power of Congress to enact or modify existing laws.

For the foregoing reasons, the immediate consideration and
approval of this bill is earnestly urged.

RESURRECCION MARRERO-ACOP, MD
Representative
2n4 District, Antipolo City


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS,
First Regular Session

605

HOUSE BILL NO.

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

AN ACT
PROVIDING FOR A MECHANISM TO DETERMINE THE
PROPRIETY OF FILING A CRIMINAL COMPLAINT AGAINST ALLEGED
POSSESSORS OF UNLICENSED AMMUNITION UNDER CERTAIN
CONDITIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO
10591, OTHERWISE KNOWN AS “AN ACT PROVIDING FOR A

COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND

PROVIDING PENALTIES FOR VIOLATIONS THEREOR”

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

SECTION 1. Section 28, paragraph (g) of Republic Act 10591, otherwise known as
“An Act Providing For A Comprehensive Law On Firearms And Ammunition And
Providing Penalties For Violations Thereof,” is hereby amended to read as follows:

Section 28. Unlawful Acquisition, or Possession of Firearms and
Ammunition. -The unlawful acquisition, possession of firearms and
ammunition shall be penalized as follows:

XXX

(g) The penalty of prision mayor in its minimum period shall be imposed upon
any person who shall unlawfully acquire or possess ammunition for a small

arm [of-Class-Aight-weapon.|; PROVIDED, THAT WHEN THE PERSONAL


CIRCUMSTANCES OF THE PERSON ALLEGED TO POSSESS THE
UNLICENSED AMMUNITION, SUCH AS BUT NOT LIMITED TO, HIS
EDUCATION, REPUTATION, AGE, PHYSICAL CONDITION, OR ANY
OTHER PERTINENT CIRCUMSTANCE THAT WOULD REASONABLY
NEGATE ANY PROBABILITY THAT THE AMMUNITION IS IN FACT
POSSESSED BY HIM, OR ANY SUSPICION THAT THE AMMUNITION IS
INTENDED TO BE USED BY THE POSSESSOR FOR ANY UNLAWFUL OR
ILLEGAL PURPOSE IN CASE POSSESSION IS ADMITTED, AND THAT
THERE IS NO OTHER CIRCUMSTANCE, SUCH AS BUT NOT LIMITED TO,
THE UNJUSTIFIED VOLUME OF AMMUNITION ALLEGEDLY POSSESSED
AND/OR THE MANNER OR MEANS OF POSSESSION, THAT WOULD
OTHERWISE INDICATE THE PRESENCE OF UNLAWFUL INTENT TO USE
THE SAME FOR ILLEGAL PURPOSES, THE APPREHENDING OFFICER
SHALL FIRST CONDUCT A BRIEF INVESTIGATION OF THE INCIDENT
TO DETERMINE WHETHER OR NOT A CRIMINAL COMPLAINT SHOULD
BE PROPERLY FILED AGAINST THE ALLEGED POSSESSOR; PROVIDED
FURTHER, THAT SUCH INVESTIGATION SHALL CAUSE THE ALLEGED
POSSESSOR THE LEAST INCONVENIENCE TO HIS PERSON AND
PERSONAL RIGHTS; AND, PROVIDED FINALLY, THAT THE
AMMUNITION SHALL STILL BE SUBJECT TO CONFISCATION. If the
violation of this paragraph is committed by the same person charged with
the unlawful acquisition or possession of a small arm, the former violation
shall be absorbed by the latter;

THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO

AMMUNITION FOR LIGHT WEAPONS ALLEGEDLY POSSESSED IF THE


POSSESSION IS DENIED BY THE ALLEGED POSSESSOR AND THE
DENIAL IS SUSTAINED BY THE APPREHENDING OFFICER AS
PROVIDED FOR HEREOF.
SECTION 2. Implementing Rules and Regulations. - Within one hundred twenty
(120) days from the effectivity of this Act, the Chief of the PNP, after public hearings
and consultation with concerned agencies of the government and sectors of society
shall formulate the necessary rules and regulations for the effective implementation

of this Act to be published in at least two (2) newspapers of general circulation.

SECTION 3. 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 4. Effectivity Clause - This Act shall take effect after fifteen (15) days

following its publication in the Official Gazette or in at least two (2) newspapers of

general circulation.

Approved,