REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

22

House Bill No.

Introduced by MAGDALO Party List RepresentativesFrancisco Ashl
and Gary C. Alejano

Explanatory Note

Article XVIII, Section 24 of the Constitution declares that private armies and other groups not
recognized by duly constituted authority shall be dismantled. However, up until now, no law has
been enacted to penalize private armies and other armed groups. The culture of fear still prevails
especially during elections, brought about chiefly by the existence of local warlords and their
private armies.

Politicians usually hire goons and build up private armies not only for their protection but also
for intimidation of opponents. The Philippine National Police (PNP) estimates that there are
3,779 numbers of PAGs in the country with also a total of 1,110,277 number of loose firearms. A
special military task force estimates that these private armies are responsible for 68 of the 98
deaths recorded in the 2001 elections. During the lasted 2013 elections, a reported 67 election
related incidents and 52 casualties in this election. Though there have been a number of
documented abuses committed by these groups but due to lack of clear-cut government policy
guidelines, they have not been curbed, instead, they have remained strong. Conversely, their
strength has rendered the State weak and unable to protect its citizenry.

It is hoped that the passage of this measure shall put a halt to this fast-growing pandemic and
shall bring about a healthier diabetes-free population.

In view of the foregoing, approval of this measure is earnestly sought.

“N

FRAWCISCO ASHLEY L. ACEDILLO RY C. ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 22

Introduced by MAGDALO Party List Representatives Francisco Ashley L. Acedillo
and Gary C. Alejano

AN ACT
DEFINING "PRIVATE ARMIES AND OTHER ARMED GROUPS", IMPLEMENTING
THE CONSTITUTIONAL PROVISION FOR THEIR DISMANTLING, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

1 SECTION 1. Short Title. - This Act shall be known as "The Anti-Private

2. Army Law of 2013".

4 Sec. 2. Declaration of Policy. - Private armies and other armed groups not
5 recognized by duly constituted authority shall be dismantled. Toward this end, the
6 _ following are prohibited:
7 a. maintenance and/use of private armies;
8 b. abuse of the utilization of the military and police personnel as security detail;
9c. abuse of various permits pertaining to firearms, as well as the unregistered
10 importation thereof;
11. utilization of the paramilitary forces and private security agencies as private
12 armies, and;
13 e. protection, financing, supplying or otherwise giving aid and comfort to private
14 armies.
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16 SEC. 3. Definition of Terms. —
17 a. Private Army - is a group of at least ten (10) individuals, with a leadership structure

18 and weaponry, utilized for:


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1. the commission of crimes;
2. the advancement/protection of vested political or economic interests of an

individual, family, clan or private group in an oppressive way, such as by way of
bodyguards, intimidation force or mercenaries,

This also refers to authorized government armed groups which no longer possess

strategic or tactical value in the maintenance and administration of peace and order.

This definition does not include rebel armies or units such as those of the CPP-NPA-

NDF; MNLF; and MILF. But it includes the so-called “lost commands”, as well, as

paramilitary forces and private security forces utilized for the advancement

. Private Armed Group ~ is a group not recognized by duly constituted authority,

consisting of at least three (3) individuals with weaponry, utilized in the same way as
a private army;

“Recognized by the duly constituted authority” ~ means authorized by law or in
accordance with law, and operating according to law. This includes duly registered
private security agencies and gun clubs, as long as they are not utilized for the
advancement/protection of vested political or economic interests. But there are no

private armies recognized duly constituted authority;

. Dismantling — or “Paglalansag” in Filipino, refers to the disbandment, disarming,

demobilization or dissolution of private armies, as well as the arrest and prosecution
of those involved, or their voluntary surrender of firearms and abandonment of their

organization and activities;

. Government Connection — cover the areas pertaining to government units, civil

service, the PNP and the AFP where officials and any personnel thereof are found to
be leaders, members, protectors, financiers or suppliers of private armies, or are
otherwise benefiting economically or psychologically from the existence or activities
thereof

Leadership ~ pertains to personalities who maintain and/or use private armies, control

the actions or activities thereof, provide the direction or “brains” thereof, or otherwise


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get the most economic or psychological advantage out of the existence or activities

thereof;

. Membership — refers to those who directly participate in activities of private armies

without falling within the definition of leadership, are accomplices or accessories as

defined by the Revised Penal Code to the criminal activities thereof.

. Weaponry — covers all types of weapons, firearms, explosives, and ammunition used

by private armies;

Financial and Logistical Resources — include all forms of transportation,
communication, safe houses, bank accounts, businesses, money-producing activities,
sources of weaponry, front organizations, etc., which private armies used to support

their existence or activities;

SEC. 4. Penalties for Leaders and Members. —

. Leaders — Any leader or private army or private armed group shall be punished by

imprisonment of not less than twelve (12) years and one (1) day nor more than twenty
(20) years, or by a fine of not less than Two Hundred Thousand Pesos (P200,000.00)
nor more than One Million Pesos (P1,000,000.00), or both such imprisonment and

fine, at the discretion of the court, taking all circumstances into consideration;

). Public Officer — If the leader is also a public officer, he shall, in addition, be punished

with perpetual absolute disqualification and subject to administrative sanctions;

. Juridical Person — If the leadership uses the veil or a juridical person, the responsible

officers thereof shall also be punished as leaders. In addition, its registration, license

or permit shall be cancelled or revoked;

|. Alien ~ If the leader is an alien, he shall, after serving its penalty, be deported.

. Protectors, Financiers, or Suppliers ~ shall be treated and punished as leaders

‘Members — Any member of the private army or private armed group shall be punished
by imprisonment of not less than six (6) years and one (1) day nor more than twelve
(12) years, or by a fine of not less than Fifty Thousand Pesos (P50,000.00) nor more

than Two Hundred Thousand Pesos (P200,000.00), or both such imprisonment and


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fine, at the discretion of the court taking all circumstances into consideration, If the
member is also a public officer, he shall, in addition, be punished with temporary

absolute disqualification and subject to administrative sanctions.

SEC. 5. Confiscation of Weaponry. — All weaponry of private armies and private
armed groups shall be confiscated, whether licensed or not, The same shall be disposed

of under existing policies, particularly for firearms, explosives, and ammunition.

SEC. 6. Abuse of Security Detail. — This shall include but not limited to the

following forms:

fa. excess number of military or police personnel as security detail for Very Important
Persons (VIP) under existing policies;

b. utilization of an allowable security detail for the advancement/protection of the vested
political or economic interests, including for criminal or oppressive acts;

¢. utilization of unauthorized personnel as security detail; and

d. formation of so-called civil security units.

‘Those responsible shall be punished with imprisonment of not less than six 96) years and

one (1) day nor more than twelve (12) years, or by a fine of not less than Fifty Thousand

Pesos (P50,000,00) nor more than Two Hundred Thousand Pesos (P200,000.00), or both

such imprisonment and fine, at the discretion of the court, taking all circumstances into

consideration. If the offender is also a public officer, he shall, in addition, be subject to

- administrative sanctions.

SEC. 7. Abuse of Firearms Permits, — This shall include but not limited to the
following forms:

a. violation of existing policies on the ban on the carrying of firearms outside of

residence, issuance of Memorandum Receipts MRs), Mission Orders (MOs), and duty
detail orders;

b. unauthorized issuance of MRs and MOs to carry firearms;


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©. unauthorized acquisition of firearms by government units; and

d. unabated importation of firearms which are registered in accordance with existing
laws.

Those responsible shall be punished as in Sec. 5, without prejudice to liability for illegal

possession of firearms and violations of other applicable laws.

SEC. 8. Paramilitary Forces as Private Armies. — Paramilitary forces, such as
the CAFGU’s and CVOs, utilized as private armies, or which no longer possess strategic
or tactical value in the maintenance and administrative of peace and order, shall be
immediately dismantled, demobilized or dissolved. Erring personnel shall be immediately

dismissed.

SEC. 9. Security Agencies as Private Armies. — Private security agencies utilized
as private armies shall likewise be dismantled or disarmed, and their registration canceled
or revoked. Private security forces shall be regulated against their utilization for the
advancement /protection of vested political or economic interests beyond legitimate
security needs. No public officer shall own or operate any private security agency. A
violation of the latter prohibition shall subject the public officer to administrative

sanctions and the private security agency to cancellation of registration.

SEC. 10. Priorities. ~ The DILG/PNP, DND/AFP, DOJ/NBI shall give priority to
dismantling of private armies to the following:

a. large and long-existing private armies;

b. private armies with government connections;

c. paramilitary forces and private security forces utilized as private armies;

_ 4. private armies with formidable weaponry and financial/logistical sources; and

e. leaders, protectors, financiers and suppliers of private armies.


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SEC. 11. Sanction on Unit Commanders and Heads. - Unit commanders or
heads of law enforcement units who are negligent in dismantling private armies in their ~

respective areas of responsibility shall be subject to administrative sanctions.

SEC. 12. Incentives. — The full range of incentives shall be applied to dismantling
of private armies, including but not limited to the following:
a. rewards and incentives to government witnesses and informants;
b. immunity form criminal prosecution to government witnesses;
c. state witness rule;
d. witness protection program;
. non-prosecution for voluntary surrender of weaponry and voluntary disbandment
within a specified period;
f. incentives for voluntary surrender of firearms as in the “balik-baril” program; and

g. promotion and incentives for meritorious action of law enforcement units.

SEC. 13. System of Monitoring. ~ There shall be set into a system of monitoring

the following, among others:

a. surrendered or confiscated weaponry and financial/logistical resources;

b. surrendered and demobilized members especially with connections to or in
connection with the AFP, PNP, CAFGUs, CVOs, and the like;

c. security detail for the VIPs; and

d. various permits to pertaining to firearms, including importation thereof.

SEC. 14. Special Prosecutors. - The DOJ, in coordination with the Regional
State Provincial and City Prosecutors, shall designate at least two (2) special prosecutors

per province and city to handle prosecution under this Act.

SEC. 15. Jurisdiction. - The Regional Trial Courts shall have original and

exclusive jurisdiction overall case involving offenses punishable under this Act. The


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Presidential Adviser on the Peace Process
Director-General, PNP

Chief-of-Staff, AFP

Director, NBI

‘Two (2) Senators (designated by the Senate President)

‘Two (2) Representatives (designated by the Speaker)

SEC. 17. Implementing Rules, — Within thirty (30) days form the formation of
the Oversight Committee, it shall issue the necessary rules and regulations for the
effective implementation of this Act without prejudice to the implementation of

provisions that do not need implementing rules.

SEC. 18. Appropriations. ‘The amount necessary for the dismantling of private
armies shall be charged to the appropriation of the DILG under the current General
Appropriations Act. Thereafter, such amount as may be necessary for the continued

dismantling of private armies shall be included in the annual GAA.

SEC. 19. Separability Clause. - If for any reason, any section or provision of this
Act, or any portion thereof, or the application of such section, provision, or portion
thereof to any person, group or circumstances is declared invalid or unconstitutional, the

remainder of this Act shall not be affected by such declaration.


SEC. 20. Repealing Clause. ~ All laws, decrees, orders, rules, and ordinances

inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 21. Effectivity. - This Act shall take effect immediately following its
publication in at the Official Gazette or in at least two (2) national newspapers of general

circulation.

Approved,


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Supreme Court may also designate at least two (2) special branches of the RTC per
province and city to hear such cases.

SEC. 16. Oversight Committee. — Within thirty (30) days upon the removal of

this Act, there shall be formed an Oversight Committee composed of the following:

Chairperson Secretary, DILG -
Members Secretary, DND
Secretary, DOJ

Presidential Adviser on the Peace Process
Director-General, PNP

Chief-of-Staff, AFP

Director, NBI

Two (2) Senators (designated by the Senate President)

‘Two (2) Representatives (designated by the Speaker)

SEC. 17. Implementing Rules. — Within thirty (30) days form the formation of
the Oversight Committee, it shall issue the necessary rules and regulations for the
effective implementation of this Act without prejudice to the implementation of

provisions that do not need implementing rules.

SEC. 18. Appropriations. — The amount necessary for the dismantling of private
armies shall be charged to the appropriation of the DILG under the current General
Appropriations Act. Thereafter, such amount as may be necessary for the continued

dismantling of private armies shall be included in the annual GAA.

SEC. 19. Separability Clause. ~ If for any reason, any section or provision of this
Act, or any portion thereof, or the application of such section, provision, or portion
thereof to any person, group or circumstances is declared invalid or unconstitutional, the

remainder of this Act shall not be affected by such declaration.