Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HousE BILLNo.__ 3963

Introduced by HON. GLORIA MACAPAGAL ARROYO

EXPLANATORY NOTE

Filipinos are known for their resilience and optimism. On a yearly
basis, Filipinos struggle and prevail over their share of natural and man-made
calamities. Thus, it is no surprise that at the end of each year, Filipinos
eagerly look forward to the coming of another year. Thus, it has been a long
practice for Filipinos to welcome the New Year with much merriment and
revelry.

One of the ways by which Filipinos celebrate this yearly event is
through the use of firecrackers. It is believed that the loud noise created by
firecrackers drive evil spirits away thus, ensuring good fortunes for the New
Year.

Unfortunately, this practice has resulted in tragedy such as serious
physical injuries even causing death and damage to properties. The
overzealous revelry and wanton disregard of safety coupled with and
ignorance have always resulted in maimed limbs, mangled bodies, burned
houses and lives lost.

Statistics from the Department of Health (DOH) National
Epidemiology Center reveal that there were 1,022 cases of fireworks injuries
recorded in all 50 sentinel hospital sites of the country at the end of its
surveillance period from December 21, 2010 to January 5 of this year. This is
Jower (1.4%) than the 2009 cases of 1,036 fireworks injuries. Of the 1,022 cases,
972. were fireworks injuries.


While the government campaign against the use of firecrackers seem to
be working as firecracker injures are decreasing, the fact remains that year
after year hundreds upon hundreds fall victim to firecrackers. The tragedy is
that innocent children are the most vulnerable to these irresponsible acts in
the name of merry making.

‘These senseless injuries, deaths and destruction of property can be and
should be prevented by regulating the use of firecrackers. This measure seeks
to regulate the use of firecrackers by ensuring that only trained professionals
can use of supervise the use of firecrackers, designating areas here
firecrackers can be used and punishing certain unlawful practices.

In view of the compelling public interest of this legislative measure, the
passage of this bill is earnestly requested.

G IA MACAPAGAL ARROYO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
QUEZON CITY

First Regular Session
FIFTEENTH CONGRESS

House Bill No_ 3963

Introduced by HON. GLORIA MACAPAGAL ARROYO

AN ACT REGULATING THE USE OF FIRECRACKERS AND FOR
OTHER PURPOSES

SECTION 1. Title. - This Act shall be known as “The Firecracker Use
Regulation Act of 2010.”

SEC. 2. Declaration of Policies, It is hereby the declared policy of the State
to promote the safety and well-being of its citizens, even in times of jubilation
and merriment. Towards this end, the use of firecrackers during joyous
occasions and celebrations shall be regulated under the provisions of this Act.

SEC. 3. Scope and Application. This Act shall apply to all events, activities
and occasions that involve the use of firecrackers.

SEC. 4. Regulation on the Use of Firecrackers. When any event, activity or
occasion shall involve the use of firecrackers, the following shall be observed:

a. Professional to Supervise and Use Firecrackers. It shall be mandatory
that the services of a professional shall be employed to use, and/or
supervise the use of firecrackers.

For this purpose, the Bureau of Fire Protection shall accredit, after
reasonable training, the professionals qualified to use and/or
supervise the use of firecrackers.

b. Designation of Firecracker Areas. Within six (6) months from the
effectivity of this Act, each barangay shall identify its firecracker
area or areas wherein the firecrackers can be lawfully used. The
following factors shall be considered in the identification of such

areas:

1. population within the area;
2. proximity to hospitals and other medical facilities;


3. proximity to fire stations;

4. distance from establishments using, storing or selling highly
flammable substances;

5. distance from residential buildings and school buildings;

6, distance from electrical and communication facilities and
structures; and,

7. such other factors relevant to safety of residents in the area.

c. Permits for Organized Activities, For events, such as but not limited to
concerts, rallies, programs, shows and other similar activities,
involving the use of firecrackers outside of designated firecracker
area, a Permit shall be required to be issued by the corresponding
barangay within five (5) days upon completion of requirements.

SEC. 5. Responsibility for compliance. The organizer of any event or activity
employing the use of firecrackers shall secure the services of a professional.

For domestic or informal activities the person who bought the
firecrackers shall secure the services of a professional.

SEC. 6. Absolute Prohibition for Minors. Minors shall not be allowed to use
fire crackers notwithstanding the presence of and supervision of adults and
professionals.

SEC. 7. Information Dissemination on the Use of Firecrackers. The
Department of Health (DOH), Bureau of Fire Protection (BFP) and the
Department of Environment and Natural Resources (DENR) shall jointly
undertake regular information dissemination on the dangerous results of
firecrackers on health, safety and the environment.

SEC. 8. Prohibited Acts and Punishment. The following acts shall be
unlawful and shall be punished accordingly:

a. Use of Firecrackers by a Non-professional or without the supervision of a
Professional. Anyone who not being a professional uses a firecracker
or uses such without the supervision of a professional shall be fined
by an amount of not less than Fifty Thousand Pesos (P50,000.00) but
not to exceed One Hundred Thousand Pesos (P100,000.00) and
imprisonment of not less than one (1) month and one (1) day but not
to exceed one (1) year.

b. Use of Firecrackers outside of the Firecracker Area. Anyone who uses a
firecracker without the supervision of a professional shall be fined by
an amount of not less than Ten Thousand Pesos (P10,000.00) but not
to exceed Fifty Thousand Pesos (P50,000.00) and imprisonment of not


less than one (1) month and one (1) day but not to exceed one (1)
year.

c. Use of Firecrackers in Organized Activity without Clearance, The use of
firecrackers in any organized activity outside of designated
firecracker area without the corresponding clearance, shall be fined
by an amount of not less than Fifty Thousand Pesos (P50,000.00) but
not to exceed Two Hundred Thousand Pesos (P200,000.00) and
imprisonment of not less than six (6) months and one (1) day but not
to exceed one (1) year.

In the event that the organizer is a juridical entity, the President,
Chief Executive Officer, General Manager or its equivalent shall serve
the punishment.

d. Induce, Direct, Instruct or Allow a Minor to Use a Firecracker. Anyone
who induces, directs, instructs or allows a minor to use a firecracker
shall be shall be fined by an amount of not less than Fifty Thousand
Pesos (P50,000.00) but not to exceed Two Hundred Thousand Pesos
(P200,000.00) and imprisonment of not less than six (6) months and
one (1) day but not to exceed one (1) year.

‘The above punishments shall be without prejudice to the prosecution
under relevant Sections of the Revised Penal Code and Civil Code
should the use of the firecracker result in other crimes and destruction of
property.

SEC. 9. Implementing Rules and Regulations. Within six (6) months from
the effectivity of this Act, the Bureau of Fire Protection (BFP) in coordination
with the Department of Health (DOH) and Department of Interior and Local
Government (DILG) shall promulgate the Implementing Rules and
Regulations.

SEC. 10. Appropriations. The funding requirement to implement the
provisions of this Act shall be sourced from the regular appropriations of the
agencies concerned.

SEC. 11. Applicability and Repealing Clause. - All laws, presidential
decrees, executive orders, issuances, rules and regulations, and part thereof
which are contrary to or inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general

Approved.