'. -; 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. 13. No. g_.tB 5 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
Section 24, Article XVIII 6f the 1987 Constitution provides that as a State 
Policy, 
"Private armies and other armed groups not recognized by duly 
constituted authority shall be dismantled. All paramilitary forces including 
Civilian Home Defense Forces not consistent with the citizen armed force 
established in this Constitution, shall be dissolved or, where appropriate, 
converted into the regular force." 
It is the intent of this bill to address the oversight of government to 
implement the dismantling of p,rivate armed groups and armies - entities often 
involved in violations of laws, engage in acts of terrorism and other abuse. As 
evidenced in the recent Maguindanao Massacre, failure to keep private armies in 
check results in lawlessness and enables them to operate beyond the framework 
of the Constitution. 
Hence, in the best interest of the Republic, the immediate approval of this 
bill is urgently sought. 
FRANCIS G. ESCUDERO 


'. 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S, B. No,2165 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
IMPLEMENTING SECTION 24, ARTICLE XVIII OF THE CONSTITUTION 
ON THE DISMANTLING OF PRIVATE ARMIES AND OTHER PRIVATE 
ARMED 
GROUPS 
NOT 
RECOGNIZED 
BY 
DULY 
CONSTITUTED 
AUTHORITY AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1, TiUe. This act shall be known as "The Anti-Private Army 
2 
and Private Armed Groups Act of 2010," 
3 
SEC 2, Declaration of Policy; Prohibited Acts, It is the policy of the State 
4 
pursuant to Section 24, Article XVIII of the Constitution that private armies and 
5 
other private armed groups not recognized by duly constituted authority shall be 
6 
dismantled, 
7 
Towards this end, the following acts are prohibited: 
8 
(a) 
leadership and membership in the organization, establishment, 
9 
maintenance and/ or of private armies or other armed groups or refusal to 
10 
disband after notice from duly constituted authority; 
11 
(b) abuse of the utilization of military and police personnel as security 
12 
detail; 
13 
(c) 
abuse of various permits pertaining to firearms as well as the 
14 
unregistered importation thereof; 
2 


(d) utilization of paramilitary forces and/ or private security agencies as 
2 
priva te armies or private armed groups; or 
3 
(e) protection, financing, supplying or otherwise giving aid and comfort 
4 
to private armies and other private armed groups. 
5 
SEC. 3. Definition of Terms. 
6 
a. Dismantling - refers to the disbandment, disarming, demobilization or 
7 
dissolution of private armies and other private armed groups, as well as the 
8 
arrest and prosecution of those involved, or their voluntary surrender of firearms 
9 
and abandonment of their organization and activities. 
10 
b. 
Financial and Logistical Resources -
include all forms of 
11 
transportation, communication; safe houses, bank accounts, business, money-
12 
producing activities, sources of weaponry, front organizations, etc. which private 
13 
armies and other armed groups use to support their existence or activities. 
14 
c. Government Connecl"ion - covers the areas pertaining to government 
15 
units, civil service, the PNP and the AFP where officials and any personnel 
16 
thereof are found to be leaders, members, protectors, financiers or suppliers of 
17 
private armies or other private armed groups, or are otherwise benefiting 
18 
economically or psychologically from the existence or activities thereof. 
19 
d. Lea('iership - pertains to natural or juridical persons who organized or 
20 
recruit members for a private army or private armed groups, maintain and/ or 
21 
use private armies and other ,Private armed groups, control the actions or 
22 
activities thereof, provide the direction or "brains" thereof, direct the commission 
23 
of activities prohibited by this Act, or otherwise derive political, economic or 
24 
psychological advantage out of the existence or activities thereof. 
25 
e. 
Membership - refers to those who directly participate in the activities 
26 
of private armies and other private armed groups without falling within the 
27 
definition of leadership, are accomplices or accessories as defined by the Revised 
3 


Penal Coe to the criminal activities thereof, the commission of activities 
2 
prohibited by this Act, or otherwise give aid and comfort to the leaders and 
3 
members thereof. 
4 
f. 
Private Armed Group - is a group of at least three (3) but not more 
5 
than nine (9) individuals, with weaponry, not recognized by duly constituted 
6 
authority, or is utilized for the advancement, promotion and/ or protection of 
7 
vested political and/ or economic interest, of any individual, family, clan or 
8 
private group. The private armed group may be utilized, but not limited to, as 
9 
bOdyguards, intimidation force, or mercenaries or for the commission of 
10 
activities prohibited by this Act. 
II 
g. Private Army -
is a 'group of at least then (10) individuals, with a 
.. 
12 
leadership structure and weaponry, which is utilized in the same way as a 
13 
private armed group. 
14 
This also refers to authorized government para-military forces which no 
15 
longer possess strategic or tactical value in the maintenance of peace and order. 
16 
The definition includes the so-called "lost commands", as well as 
17 
paramilitary forces and private security forces utilized for the advancement, 
18 
promotion and/ or protection of vested political and/ or economic interests. 
19 
This definition does not include rebel armies or units such as those of the 
20 
National Democratic Front (NDF), Moro National Liberation Front (MNLF), and 
21 
Rebolusyunllryong Alyllnsllng Mllkllbllnsll (RAM). 
22 
h. 
[{ecognized by Duly ConsUtuted Authority - means authorized by 
23 
law, in accordance with law, or operating according to law. This term refers 
24 
mainly to citizen soldiers or reservists under RA 7077. This definition shall also 
25 
include duly-registered private security agencies and gun clubs, provided that 
26 
these are not utilized for the advancement, promotion and/ or protection of 
4 


vested political and/or economic interests of any individual, family, clan or 
2 
private group. 
3 
i. Security Detail - is a schedule and duty detail of the Armed Forces of 
4 
the Philippines (AFP) or Philippine National Police (PNP) personnel assigned to 
5 
provide security to persons and/ or property and includes a listing of the type of 
6 
firearms, with respective serial numbers, that the personnel are authorized to 
7 
carry in the performance of their mission or duty. 
8 
J. 
Weaponry - covers all types of weapons which include firearms, 
• 
9 
explosives, ammunition and other deadly weapons used by private armies or 
10 
other private armed groups. 
11 
SEC. 4. Penalties for Leaders and Members. - The leaders and members 
12 
of a private army or private armed group who commit any of the prohibited acts· . 
13 
in Section 2, Subparagraphs (a), (d), and (e) of this Act shall suffer the penalty 
14 
imposed under this Section. 
15 
Any leader of a private army or a private armed group shall suffer the 
16 
penalty of imprisonment of not less that six (6) years and one (1) day but not 
17 
more than twelve (12) years, or a fine of not less that Two hundred thousand 
18 
pesos (200,000) but not more than One million pesos (Pl,OOO,OOO); or both such 
19 
fine and imprisonment, at the discretion of the court: Provided, That if the leader 
20 
is a public officer, he shall, in addition to the penalty herein imposed, suffer 
21 
perpetual absolute disqualification from holding public office and be subject to 
22 
administrative sanctions. 
23 
If the leadership uses the veil of a juridical person, the responsible officers 
24 
thereof shall also be punished as leaders. In addition, the registration, license or 
25 
permit of the corporation, partnership, business enterprise, association, or 
26 
organization shall be cancelled 9l" revoked. 
27 
If the leader is an alien, he shall, after serving his penalty, be deported. 
5 


Protector, financiers or suppliers shall be treated and punished as leaders. 
2 
Any member of a private army or a private armed group shall suffer the 
3 
penalty of imprisonment of not less that six (6) months and one (1) day but not 
4 
more than six (6) years, or a fine of not less than Five thousand pesos (1'5,000) but 
5 
not more than Fifty thousand pesos (P50,000); or both such fine and 
6 
imprisonment, as the discretion of the court: Provided, That if the member is a 
7 
public officer or government employee, he shall, in addition to the penalty herein 
8 
imposed, suffer temporary absolute disqualification from holding public office 
9 
and be subject to administrative sanctions. 
10 
SEC.5. Confiscation of Weaponry. - All weaponry of private armies and 
11 
other private armed groups shall be confiscated, whether licensed or not, and 
" 
12 
shall be disposed of under existing policies, particularly for firearms, explosive 
13 
and ammunition. 
14 
SEC. 6. 
Submission of Security Detail. -
A Security Detail shall be 
15 
submitted to the Director General of the Philippine National Police (PNP) by all 
16 
civilians, heads of civilian offic~s, corporations, organizations, associations and 
17 
the like, as basis for the legal authority to detail security personnel. The Security 
18 
Detail shall be kept current and updated from time to time as the need arises. 
19 
SEC. 7. Abuse of Security Detail. - This prohibited act under Section 2, 
20 
Subparagraph (b) shall include but not be limited to the following: 
21 
a. 
excess number of military andlor police personnel as security 
22 
detail for Very Important Persons (VIP) under existing policies; 
23 
b. 
utilization of an allowable security detail for the advancement, 
24 
promotion andlor protection of vested political and I or economic interests, 
25 
including criminal or oppressive acts; 
26 
c. 
utilization of unauthor'ized personnel as security detail; or 
27 
d. 
formation of so-called civil security units. 
6 


Those responsible shall be punished with imprisonment of not less than 
2 
six (6) months and one (1) day nor more than six (6) years, or by a fine of not less 
3 
than Five thousand pesos (1'5,000) nor more than Two hundred thousand pesos 
4 
(P200,000), or both such fine and imprisonment, at the discretion of the court: 
5 
Provided, That if the offender is a public officer, he shall, in addition to the 
• 
6 
penalty herein imposed, be subject to the administrative sanctions. 
7 
SEC 8. Abuse of Firearms Licenses or Permits. This prohibited act under 
8 
Section 2, Subparagraph (c) shall include but not be limited to the following: 
9 
a. 
violations of existing policies on the ban on the carrying of firearms 
10 
outside of the residence, issuance of Memorandum Receipts (MR), Mission 
II 
Orders (MO), duty detail orders, licenses to own and permits to carry firearms; 
12 
b. 
unauthorized issuance of MR or MO to carry firearms; 
13 
c. 
unauthorized acquisition of firearms by government units; or 
14 
d. 
unauthorized importation of firearms which are not registered in 
15 
accordance with law. 
16 
Those responsible shall, be punished according to Section 4 hereof, 
17 
without prejudice to liability for illegal possession of firearms and violations of 
18 
other applicable laws. 
19 
SEC 9. Paramilitary Forces As Private Armies or Private Armed Groups. 
20 
- Paramilitary forces, such as the CAFGUs and CVOs, which are utilized as 
21 
private armies or private armed groups, or which no longer possess strategic or 
22 
tactical value in the maintenance and administration of peace and order, shall be 
23 
dismantled, demobilized or dissolved immediately. 
Erring personnel shall be 
24 
dismissed from the service immediately, without prejudice to prosecution for 
25 
criminal acts or commission of acts prohibited by this Act. 
26 
SEC 10. Security Agencies as Private Armies. - Private security agencies 
27 
which are utilized as private armies or private armed groups shall be dismantled 
7 


and disarmed, and their registrations cancelled or revoked. Private security 
2 
forces shall be regulated against their utilization for the advancement, promotion 
3 
and/ or protection of vested political and/ or economic interest, beyond 
4 
legitimate security needs or the activities prohibited by this Act. 
No public 
5 
officials shall own or operate any private security agency. A violation of the 
6 
latter prohibition shall subject the public officer to administrative sanctions and 
7 
the security agency to cancellation of its registration. 
8 
SEC. 11. Priorities in Dismantling of Private Armies. - The Department 
9 
of the Interior and Local Covernment (DILC), Department of National Defense 
10 
(DND) and Department of Justice (DOJ) shall prioritize the following in the 
II 
dismantling of private armies: 
a. 
b. 
large and long-existing private armies; 
private armies with government connections; 
12 
13 
14 
c. 
paramilitary forces and private security forces which are utilized as 
15 
private armies; 
16 
d. 
private armies with formidable weaponry, financial and/ or 
17 
logistical resources; and 
18 
e. 
leaders, protectors, financiers and suppliers of private armies. 
19 
SEC. 12. Sanctions on Unit Commanders and Heads. - Unit commanders 
20 
or heads of law enforcement units who are negligent in dismantling private 
21 
armies and other private armed groups in their respective areas of responsibility 
22 
shall be subject to administrative sanctions. 
23 
SEC. 13. 
Incentives. The full range of incentives shall be applied in the 
24 
dismantling of private armies 'and private armed groups, to include but not 
25 
limited to the following: 
26 
27 
a. 
b. 
reward and incentives to government witnesses and informants; 
immunity from criminal prosecution to government witnesses; 
8 


• 
2 
3 
c. 
State Witness rule; 
d. 
Witness Protection program; 
e. 
non-prosecution Jor voluntary surrender of weaponry and 
4 
voluntary disbandment within a specified period; 
5 
f. 
incentives for the voluntary surrender of firearms as in the" Balik-
6 
baril" program; or 
7 
g. 
promotions and incentives for 
meritorious action of law 
8 
enforcement units. 
9 
SEC 14. Monitoring System. There shall be set into place a system to 
10 
monitor the following: 
1 1 
a. 
surrendered or confiscated weaponry, financial and/or logistical 
12 
resources; 
13 
14 
IS 
b. 
c. 
d. 
deactivated or demobilized members of paramilitary forces; 
security details for VIPs; and 
licenses and permits pertaining to firearms and explosives 
16 
including the importation thereof. 
17 
SEC 15. 
Special Prosecutors. -
The Department of Justice (DOn, in 
18 
coordination with the Offices of the State, Provincial and City Prosecutors, shall 
19 
designate at least two (2) prosecutors in each province and city to handle 
20 
prosecution of cases for violations of this Act. 
21 
SEC 16. Jurisdiction. - ·[he I<egional Trial Courts shall have original and 
22 
exclusive jurisdiction over all cases involving offenses punishable under this Act. 
23 
SEC 17. 
Oversight Committee. -
Within thirty (30) days from the 
24 
approval of this Act, there shall be formed an Oversight Committee which shall 
25 
monitor the implementation of this Act. 
The Oversight Committee shall be 
26 
composed of the Secretary of the Interior and Local Government as Chairman 
27 
and the Secretary of the National Defense, the Secretary of Justice, the National 
9 


Security Adviser, the Director General of the Philippine National Police, the 
2 
Chief of Staff of the Armed Forces of the Philippine, two (2) members of the 
3 
Senate to be designated by the ,Senate President, and two (2) members of the 
4 
I-louse of Representatives to be designated by the Speaker. 
5 
SEC. 18. Implementing Rules and Regulations. - Within thirty (30) days 
6 
from the effectivity of this Act, the Departments of the Interior and Local 
7 
Government, Justice and National Defense in coordination with other agencies of 
8 
government concerned shall promulgate and issue the necessary Rules and 
9 
Regulation for the effective implementation of this Act without prejudice, 
10 
however, to the immediate implementation of the provisions of this Act which 
11 
do not require any implementing rules and regulations. 
12 
SEC. 19. I{epor! to Congress. - The Oversight Committee shall submit 
13 
quarterly reports to Congress on the status of the implementation of this Act. 
14 
SEC. 20. 
Appropriations. - The amount necessary for the dismantling of 
15 
private armies and other private armed groups shall be charged to the 
16 
appropriations of the Department of the Interior and Local Government under 
17 
the current General Appropriations Act. Thereafter, such amount as may be 
18 
necessary for the continued dismantling of private armies and other private 
19 
armed groups shall be included in the annual General Appropriations Act. 
20 
SEC. 21. Separability Clause. If for any reason, any section or provision 
21 
of this Act, or any portion thereOf, or the application of such section, provision or 
22 
portion thereof to any person, group or circumstance is declared invalid or 
23 
unconstitutional, the remainder of this Act or the application of such provision to 
24 
other persons, groups or circumstances shall not be affected by such declaration. 
25 
SEC. 22. Repealing Clause. All laws, decrees, executive orders, issuances 
26 
and rules and regulations which are inconsistent with the provisions of this Act 
27 
are hereby considered repealed, amended or modified accordingly. 
10 


. • 
I 
SEC. 23. Effectivity. This Act shall take effect thirty (30) days after its 
2 
publication in the Officinl Gnzelte or in at least two (2) national newspapers of 
3 
general circulation. 
4 
Approved, 
11