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Republic of the Philippines sc fi c-
HOUSE OF REPRESENTATIVES If

Quezon City

16" CONGRESS
First Regular Session

2209

HOUSE BILL NO. _

Introduced by REP, EVELINA G, ESCUDERO

EXPLANATORY NOTE

It is the policy of the State pursuant to Section 24, Article XVIII of the Constitution that
private armies and other private armed groups not recognized by duly constituted authority shall
be dismantled.

‘The objective of this bill is to address the oversight of government to implement the
dismantling of private armed groups and armies ~ entities often involved in violations of laws,
engage in acts of terrorism and other abuse. The recent Maguindanao Massacre showed the
government's failure to keep private armies in check which resulted 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,



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

HOUSE BILL No,__2209

Introduced by REP. EVELINA 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:

CTION 1. Title. This act shall be known as “The Anti-Private Army and Private

2C. 2. Declaration of Policy; Prohibited Acts. It is the policy of the State pursuant to
Section 24, Article XVIII of the Constitution that private armies and other private armed groups
not recognized by duly constituted authority shall be dismantled.

Towards this end, the following acts are prohibited:

(a) leadership and membership in the organization, establishment, maintenance and/or of
private armies or other armed groups or refusal to disband after notice from duly constituted
authority;

(b) abuse of the utilization of 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 paramilitary forces and/or private security agencies as private armies or
private armed groups; or

() protection, financing, supplying or otherwise giving aid and comfort to private
armies and other private armed groups.

SEC. 3. Definition of Terms.

a. Dismantling ~ refers to the disbandment, disarming, demobilization or dissolution of
private armies and other private armed groups, as well as the arrest and prosecution of those
involved, or their voluntary surrender of firearms and abandonment of their organization and
activities.


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Financial and Logistical Resources ~ include all forms of transportation,
communication, safe houses, bank accounts, business, money-producing activities, sources of
weaponry, front organizations, etc. which private armies and other armed groups use to support
their existence or activities.

c. Government Connection ~ covers 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 other private armed groups, or
are otherwise benefiting economically or psychologically from the existence or activities thereof.

d. Leadership ~ pertains to natural or juridical persons who organized or recruit
members for a private army or private armed groups, maintain and/or use private armies and
other private armed groups, control the actions or activities thereof, provide the direction or
“brains” thereof, direct the commission of activities prohibited by this Act, or otherwise derive
political, economic or psychological advantage out of the existence or activities thereof.

c. Membership ~ refers to those who directly participate in the activities of private
armies and other private armed groups without falling within the definition of leadership, are
accomplices or accessories as defined by the Revised Penal Coe to the criminal activities thereof,
the commission of activities prohibited by this Act, or otherwise give aid and comfort to the
leaders and members thereof,

{Private Armed Group ~ is a group of at least three (3) but not more than nine (9)
individuals, with weaponry, not recognized by duly constituted authority, or is utilized for the
advancement, promotion and/or protection of vested political and/or economic interest, of any
individual, family, clan or private group. The private armed group may be utilized, but not
limited to, as bodyguards, intimidation force, or mercenaries or for the commission of activities
prohibited by this Act.

g. Private Army - isa group of at least then (10) individuals, with a leadership structure
and weaponry, which is utilized in the same way as a private armed group.

This also refers to authorized government para-military forces which no longer possess
strategic or tactical value in the maintenance of peace and order.

The definition includes the so-called “lost commands”, as well as paramilitary forces and
private security forces utilized for the advancement, promotion and/or protection of vested
political and/or economic interests.

This definition does not include rebel armies or units such as those of the National
Democratic Front (NDF), Moro National Liberation Front (MNLF), and Rebolusyunaryong
Alyansang Makabansa (RAM).

h. Recognized by Duly Constituted Authority — means authorized by law, in accordance
with law, or operating according to law. ‘This term refers mainly to citizen soldiers or reservists
under RA 7077. This definition shall also include duly-registered private security agencies and
gun clubs, provided that these are not utilized for the advancement, promotion and/or protection
of vested political and/or economic interests of any individual, family, clan or private group.

i. Security Detail ~ is a schedule and duty detail of the Armed Forces of the Philippines
(AEP) or Philippine National Police (PNP) personnel assigned to provide security to persons
and/or property and includes a listing of the type of firearms, with respective serial numbers, that
the personnel are authorized to carry in the performance of their mission or duty.

j. Weaponry ~ covers all types of weapons which include firearms, explosives,
ammunition and other deadly weapons used by private armies or other private armed groups.



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SEC. 4. Penalties for Leaders and Members. - The leaders and members of a private
army or private armed group who commit any of the prohibited acts in Section 2, Subparagraphs
(a), (@), and (e) of this Act shall suffer the penalty imposed under this Section.

Any leader of a private army or a private armed group shall suffer the penalty of
imprisonment of not less that six (6) years and one (1) day but not more than twelve (12) years,
or a fine of not less that Two hundred thousand pesos (200,000) but not more than One million
pesos (P1,000,000); or both such fine and imprisonment, at the discretion of the court: Provided,
That if the leader is a public officer, he shall, in addition to the penalty herein imposed, suffer
perpetual absolute disqualification from holding public office and be subject to administrative
sanctions.

If the leadership uses the veil of a juridical person, the responsible officers thereof shall
also be punished as leaders. In addition, the registration, license or permit of the corporation,
partnership, business enterprise, association, or organization shall be cancelled or revoked.

If the leader is an alien, he shall, after serving his penalty, be deported
Protector, financiers or suppliers shall be treated and punished as leaders.

Any member of a private army or a private armed group shall suffer the penalty of
imprisonment of not less that six (6) months and one (1) day but not more than six (6) years, or a
fine of not less than Five thousand pesos (P5,000) but not more than Fifty thousand pesos
(P50,000); or both such fine and imprisonment, as the discretion of the court: Provided, That if
the member is a public officer or government employee, he shall, in addition to the penalty
herein imposed, suffer temporary absolute disqualification from holding public office and be
subject to administrative sanctions.

SEC.S. Confiscation of Weaponry. - All weaponry of private armies and other private
armed groups shall be confiscated, whether licensed or not, and shall be disposed of under
existing policies, particularly for firearms, explosive and ammunition.

SEC. 6. Submission of Security Detail. - A Security Detail shall be submitted to the
Director General of the Philippine National Police (PNP) by all civilians, heads of civilian
offices, corporations, organizations, associations and the like, as basis for the legal authority to
detail security personnel. The Security Detail shall be kept current and updated from time to
time as the need arises,

SEC. 7. Abuse of Security Detail. - This prohibited act under Section 2, Subparagraph
(b) shall include but not be limited to the following:

excess number of military and/or police personnel as security detail for Very
Important Persons (VIP) under existing policies:

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

c. utilization of unauthorized personnel as security detail; or
d. formation of so-called civil security units.

‘Those responsible shall be punished with imprisonment of not less than six (6) months
and one (1) day nor more than six (6) years, or by a fine of not less than Five thousand pesos
(5,000) nor more than Two hundred thousand pesos (P200,000), or both such fine and
imprisonment, at the discretion of the court: Provided, That if the offender is a public officer, he
shall, in addition to the penalty herein imposed, be subject to the administrative sanctions.



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SEC, 8. Abuse of Firearms Licenses or Permits. This prohibited act under Section 2,
Subparagraph (c) shall include but not be limited to the following:

a. violations of existing policies on the ban on the carrying of firearms outside of the
residence, issuance of Memorandum Receipts (MR), Mission Orders (MO), duty detail orders,
licenses to own and permits to carry firearms;

b. unauthorized issuance of MR or MO to carry firearms;

c. unauthorized acquisition of firearms by government units; or

d. unauthorized importation of firearms which are not registered in accordance with
law.

Those responsible shall be punished according to Section 4 hereof, without prejudice to
liability for illegal possession of firearms and violations of other applicable laws.

SEC. 9. Paramilitary Forces As Private Armies or Private Armed Groups. ~
Paramilitary forces, such as the CAFGUs and CVOs, which are utilized as private armies or
private armed groups, or which no longer possess strategic or tactical value in the maintenance
and administration of peace and order, shall be dismantled, demobilized or dissolved
immediately. Erring personnel shall be dismissed from the service immediately, without
prejudice to prosecution for criminal acts or commission of acts prohibited by this Act.

SEC. 10, Security Agencies as Private Armies, — Private security agencies which are
utilized as private armies or private armed groups shall be dismantled and disarmed, and their
registrations cancelled or revoked. Private security forces shall be regulated against their
utilization for the advancement, promotion and/or protection of vested political and/or economic
interest, beyond legitimate security needs or the activities prohibited by this Act. No public
officials shall own or operate any private security agency. A violation of the latter prohibition
shall subject the public officer to administrative sanctions and the security agency to cancellation
of its registration.

SEC. 11. Priorities in Dismantling of Private Armies, ~ The Department of the Interior
and Local Government (DILG), Department of National Defense (DND) and Department of
Justice (DOJ) shall prioritize the following in the dismantling of private armies:

a. large and long-existing private armies;

b. __ private armies with government connections;

c. paramilitary forces and private security forces which are utilized as private
armie:

d. private armies with formidable weaponry, financial and/or logistical resources:
and

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

SEC. 12. Sanctions on Unit Commanders and Heads. - Unit commanders or heads of
law enforcement units who are negligent in dismantling private armies and other private armed
groups in their respective areas of responsibility shall be subject to administrative sanctions.

SEC. 13. Incentives. ‘The full range of incentives shall be applied in the dismantling of
private armies and private armed groups, to include but not limited to the following:

a. reward and incentives to government witnesses and informants;

b. immunity from criminal prosecution to government witnesses;


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jurisdiction over all cas

c State Witness rule;

d. Witness Protection program:

€. _non-prosecution for voluntary surrender of weaponry and voluntary disbandment
within a specified period:

£ incentives for the voluntary surrender of firearms as in the “Balik-baril” program;
or

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

SEC. 14. Monitoring System. There shall be set into place a system to monitor the
following:

a. surrendered or confiscated weaponry, financial and/or logistical resources;
b. deactivated or demobilized members of paramilitary forces;

©. security details for VIPs; and

d. licenses and permits pertaining to firearms and explosives including the

importation thereof.

SEC. 15. Special Prosecutors. - The Department of Justice (DOL), in coordination with
the Offices of the State, Provincial and City Prosecutors, shall designate at least two (2)
prosecutors in each province and city to handle prosecution of cases for violations of this Act.

SEC. 16. Jurisdiction. - The Regional Trial Courts shall have original and exclusive

involving offenses punishable under this Act.

SEC. 17. Oversight Committee. - Within thirty (30) days from the approval of this Act,
there shall be formed an Oversight Committee which shall monitor the implementation of this,
Act. ‘The Oversight Committee shall be composed of the Secretary of the Interior and Local
Government as Chairman and the Secretary of the National Defense, the Secretary of Justice, the
National Security Adviser, the Director General of the Philippine National Police, the Chief of
Staff of the Armed Forces of the Philippine, two (2) members of the Senate to be designated by
the Senate President, and two (2) members of the House of Representatives to be designated by
the Speaker.

SEC. 18. Implementing Rules and Regulations. - Within thirty (30) days from the
effectivity of this Act, the Departments of the Interior and Local Government, Justice and
National Defense in coordination with other agencies of government concerned shall promulgate
and issue the necessary Rules and Regulation for the effective implementation of this Act
without prejudice, however, to the immediate implementation of the provisions of this Act which
do not require any implementing rules and regulations.

SEC. 19. Report to Congress. ~ The Oversight Committee shall submit quarterly reports
to Congress on the status of the implementation of this Act.

SEC. 20. Appropriations. - The amount necessary for the dismantling of private
armies and other private armed’ groups shall be charged to the appropriations of the Department
of the Interior and Local Government under the current General Appropriations Act. Thereafter,
such amount as may be necessary for the continued dismantling of private armies and other
private armed groups shall be included in the annual General Appropriations Act.

SEC. 21. Separability Clause. If for any reason, any section ot provision of this Act, or
any portion thereof, or the application of such section, provision or portion thereof to any person,
group or circumstance is declared invalid or unconstitutional, the remainder of this Act or the


application of such provision to other persons, groups or circumstances shall not be affected by
such declaration.

SEC. 22. Repealing Clause. All laws, decrees, executive orders, issuances and rules and
regulations which are inconsistent with the provisions of this Act are hereby considered repealed,
amended or modified accordingly.

SEC. 23. Effectivity. This Act shall take effect thirty (30) days after its publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,