House Bill No.  53 2 2
EXPLANATORY NOTE
Private  armies  have  been  a  longstanding  practice  in  the  Philippines.  Successive
central governments have allowed official militias to form, and have often allowed the military
and   police  to   use   them   against  communist  or   Muslim   separatist  groups.   Some   local
politicians  have  co-opted  these civilian  volunteers to do their bidding,  with  Manila turning  a
blind  eye.  In  return,  local  politicians  have  used their influence over the electorate to ensure
the election to national office of candidates that support the central government.
According   to   a   New  York  Times   article,   private   armies   have  flourished   in   the
Philippines.  Philippine  governments  have  supported  local  politicians  with  private  armies  to
help suppress insurgents and  Islamic radicals, and these conflicts often become inextricably
linked with clan warfare.
Last  December,  2009,  then  President  Arroyo  formed  an  independent  commission
established  to  disband  the  private  armies,  the  Independent  Commission  Against  Private
Armies.  This  Commission  has  identified  the  existence  of  74  private  armies.  However,  the
Philippine National Police (PNP) reported that there are around  112 private armies scattered
across the country, some with as few as four members but others with hundreds.
In  the  Commission's  report,  it  was  stated  that  these  private  armies  are  used  by
influential  politicians  to  violently  enforce  their will  in  villages,  towns  and  even  cities.  It  also
reported that killings done by these private armies are not isolated events.
The  PNP also  raised  the alarming fact that many members of these  private armies
were armed and  paid  by the  national government,  supposedly as "force multipliers" for law
enforcement or counter-insurgency operations.  It further said  that these ``volunteer groups"
or "auxiliary" units are set up for legal objectives such as anti-drug campaigns or even traffic
control,   but  in  reality,  these  private  armies  are  used  for  partisan  activities  by  the  local
government that created them.
As  of October 2018,  the  PNP  has  been  monitoring  77  private armed  groups which
have around 2,000 members
While there may be a  need to have "force multipliers" to help the PNP and other law
enforcement agencies suppress lawlessness and insurgency, measures must be in place to
ensure  that  these  "force  multipliers"  are  used  and  maintained  only  for  the  right  reasons,
reasons within the bounds of the law.
In view of the foregoing, immediate passage of this bill is earnestly sought.


NINETEENTH CONGRESS   )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
House Bill No.  RE2
AN ACT
DEFINING    "PRIVATE    ARMIES",    PROHIBITING    THEIR   MAINTAINANCE,    MANDATING
THEIR DISIVIANTLING, AND PRESCRIBING PENALTIES THERFOR
Be  it  erl?cled  by the  Senate  and  House  of  Representatives  of the  Philippines  in  Congress
assembled
SECTION 1. Short rtt/e. This Act shall be known as the "Anfi--Pri`vate Anny Act".
SEC.  2,  Dec/arafi.on  of Po//.cy.  It  is  the  policy  of  the  State  that  private  armies  and  other
groups not duly recognized by duly constituted authorities shall be dismantled.
SEC. 3. Definition of terms.
(a) Pr7.vale Army -is a group of armed men being maintained by any person,
such as politicians or local kingpins outside of the regular national  police and Armed
Forces of the Philippines.
They  may  be  used  for,  among  others,  the  commission  of  crimes  or  the
advancement or 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;
(b)  Prl.vafe  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;
(c) "R.ecognizeq b.y the duly constituted authority" - means authorized dy 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 advancemenvprotection of vested political or economic interests;
(d)  D/.smanf//.ng  -  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:
(e) Goverrmenf Connect/.on -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;
(f)Leadershi.p  -  pertains  to  personalities  who  maintain  and/or  use  private
armies,   control  the  actions  or  activities  thereof,   provide  the  direction  or  "brains"
thereof,  or otherwise get the  most economic or psychological  advantage out of the
existence or activities;


(g)  Membercht.p  -  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;
(h)   Weaponry  -  covers  all   types   of  weapons,   firearms,   explosives,   and
ammunition used;
(i)  Fi'nanci'a/ and Log,.sfi.ca/ Resouroes -  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, Prohi.bi.ted Acts -The following acts are prohibited:
(a) Maintenance and use of private armies;
(b)  Abuse  of the  utilization  of  the  military  and  police  personnel  as  security
detail;
(c)   Abuse   of   various   permits   pertaining   to   firearms,   as   well   as   the
unregistered importation thereof;
(d)  Utilization  of  the  paramilitary  forces  and   private  security  agencies  as
private armies; and
(e)  Protection,  financing,  supplying  or  otherwise  giving  aid  and  comfort  to
private armies.
SEC. 5. Penalties -
a.  Leaders - Any leader of a 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) nor more
than One Million Pesos (P1,000,000), or both;
b.   Pub//.c  Off/.cer  -lf  the  leader  is  also  a  public  officer,   he  shall,   in  addition,   be
punished with perpetual absolute disqualification and subject to administrative sanctions;
c.   Jur7.d/.ca/  Person  -   lf  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;
d. A/t.en -lf the leader is an alien, he shall, after serving its penalty, be deported.
e. Protectors, Ft.nanci.ers, or Supp/i.ers - shall be treated and punished as leaders
f.  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)  nor more
than Two Hundred Thousand  Pesos (P200,000.00),  or both.  If the member is also a public
officer, he shall,  in addition, be punished with temporary absolute disqualification and subject
to administrative sanctions.
SEC.  6.  Conri.scafi.on  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.  7.  Abuse  of Secur/.fy  Defa/./ -  This  shall  include  but  not  be  limited  to  the  following
forms:
a.  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;
c. 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 (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) nor more than Two Hundred Thousand Pesos (P200,000.00), or both.
If   the   offender   is   also   a   public   officer,    he   shall,    in   addition,   be   subject   to
administrative sanctions.
SEC. 8. AbLrse of Fi'rearms Permi.ts. -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;
c. 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 and See. 7, without prejudice to liability for
illegal possession of firearms and violations of other applicable laws.
SEC. 9. Parami.//.fary Forces as Prt.vale Armi.es - 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.10. Secur/.fy Agenci.es as Pr/.vafe Arm/.es -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.11.  Dt.smanf/ing of Prt.vale Armf.es -The  DILG,  PNP,  DND,  AFP,  NBl,  and  other law
enforcement agencies will coordinate with each other and  immediately dismantle all existing
private  armies,  prosecute  its  leaders  and  members  and  prevent any  re-emergence  of any
private armies in the future.
SEC.  12.  Sancf/.on  on  Un/.£ 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.  13.  /mp/emenfi.ng  Ru/es and Regu/af/.ons -The  government  agencies  mentioned  in
Sec.  11  shall also coordinate with each other and issue the necessary rules and regulations
for the implementation of this Act.
SEC. 14. Separab/.//.fy C/arse - 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.15.  Repea//.ng  C/ause -All  laws,  decrees,  orders,  rules,  and  ordinances  inconsistent
with this Act are hereby repealed or amended accordingly.
SEC.16. Effect/.v/.fy -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,