Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO,__5529

Introduced by
Honorable Leopoldo N. Bataoil

EXPLANATORY NOTE

This bill seeks to strengthen the regulation of the manufacture, sale,
distribution and use of firecrackers and pyrotechnic devices, repealing for the
purpose Republic Act No. 7183 and providing penalties for violations thereof.

Republic Act No. 7183 entitled, “An Act Regulating the Sale, Manufacture,
Distribution and Use of Firecrackers and Other Pyrotechnic Devices” is the
present law regulating the sale, manufacture, distribution and use of firecrackei
and other pyrotechnic devices. The law was purposely enacted in consonan
with the declared policy of the State to promote public safety, order and national
security. Similarly, the proposed bill has for its purpose to ensure the safety of the
people by regulating the sale, manufacture, distribution, and use of firecrackers
and other pyrotechnic devices.

Under the proposed measure, manufacturers, dealers and wholesale
distributors are now required to indicate the names and addresses of all their
accredited retail stores, outlets, or re-sellers to the Firearms and Explosives Office
of the Philippine National Police (PNP-FEO) as a pre-requisite for the grant of a
license to engage in the manufacture and wholesale distribution of firecrackers
and pyrotechnic devices. Likewise, retail stores, outlets, distributors and re-sellers
shall also be required to apply for a permit to sell with the PNP-FEO. Thus, a
“one-store, one-permit” policy is mandatory.

This bill also absolutely prohibits any minor from engaging in the sale or
use of firecrackers or pyrotechnic devices notwithstanding the presence of, and
supervision of adults and professionals. In any event, activity or occasion which


involves the use of firecrackers, the services of a professional is required to
supervise the fireworks display. The local government units are mandated to
identify a zone or designate an area in their respective territorial jurisdiction
where residents may use firecrackers or conduct fireworks display. Finally,
certain prohibited acts are subject to stiffer penalties in case of violation and non-
compliance with the provisions of the proposed measure.

In view of the foregoing, approval of this bill is highly and eamestly
recommended.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5529

HOUSE BILL NO.

Introduced by
Honorable Leopoldo N. Bataoil

AN ACT
STRENGTHENING THE REGULATION OF THE MANUFACTURE,
SALE, DISTRIBUTION AND USE OF FIRECRACKERS AND
PYROTECHNIC DEVICES, REPEALING FOR THE PURPOSE
REPUBLIC AC NO. 7183 AND PROVIDING PENALTIES FOR
VIOLATION THEREOF

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

SECTION I. Short Title. — This Act shall be known as the “Revised
Firecracker Regulation Act.”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the
State topromote the safety and well-being of its citizens, even in times of
jubilation and merriment. Toward this end, the State aims to ensure the safety
of the people by providing for a revised regulation in the manufacture, sale,
distribution and use of firecrackers and pyrotechnic devices.

SEC. 3. Prohibited Types of Firecrackers and Pyrotechnic Devices. -
‘The manufacture, sale, distribution and use of firecrackers and pyrotechnic
devices of such explosive content that endanger life and limb are hereby

prohibited. Determination of what constitutes prohibited firecrackers and


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pyrotechnic devices shall be vested with the Firearms and Explosives Office of
the Philippine National Police (PNP-FEO).

SEC. 4. License and Permit Requirements. — Any person desiring to
engage in the manufacture and wholesale distribution of firecrackers and
pyrotechnic devices shall file an application for the issuance of a license to
manufacture and distribute firecrackers and pyrotechnic devices with the PNP-
FEO.

Under no circumstances shall a license be granted for the manufacture and
wholesale distribution of prohibited firecrackers and pyrotechnic devices
mentioned in Section 3 of this Act or other similar materials with the same or
greater explosive content.

As pre-requisite for the grant of a license, the manufacturers, dealers and
wholesale distributors of firecrackers and pyrotechnic devices shall provide the
names and addresses of all their accredited retail stores, outlets, distributors or
re-sellers to the PNP-FEO.

Retail stores, outlets, distributors and resellers shall also apply with the
PNP-FEO for a permit to sell before they can engage in the sale or distribution
of firecrackers and pyrotechnic devices. There shall be a “one-store, one-
permit” policy. Selling of firecrackers and pyrotechnic devices without the
requisite permit in places other than those indicated by the licensed
manufacturers and wholesale distributors in their application for a license with
the PNP-FEO shall be considered illegal and shall cause the confiscation of the
products being sold without prejudice to the penalties provided herein.

Reasonable fees may be charged for the issuance of licenses and permits
to defray the cost of regulating the manufacture, sale and distribution of
firecrackers and pyrotechnic devices.

SEC. 5. Qualifications of Manufacturers or Dealers. — A license to
engage in the manufacture and wholesale distribution of firecrackers and
pyrotechnic devices shall be issued only to:

(a) Filipino citizens of good moral character; and


(b) Entities duly registered with the Department of Trade and Industry
or the Securities and Exchange Commission, one hundred per centum (100%) of
the capitalization of which is owned by Filipino citizens.

SEC. 6. Importation of Chemicals and Explosive Ingredients. — The
importation of finished firecrackers and pyrotechnic devices shall be prohibited.
Only duly licensed manufacturers shall be allowed to import chemicals or
explosive ingredients used in the manufacture of firecrackers and pyrotechnic
devices.

Any person licensed to manufacture, or purchase chemical and explosive
ingredients who desires to import explosive ingredients shall submit the
necessary application to the PNP-FEO.

SEC. 7. Absolute Prohibition to Minors. — Firecrackers or pyrotechnic
devices shall not be sold to any person below eighteen (18) years of age. Minors
shall not be allowed to use firecrackers or pyrotechnic devices notwithstanding
the presence of, or supervision of adults and professionals.

SEC. 8. Safety Guidelines on the Manufacture of Firecrackers. — Strict
compliance of the following safety precautions shall be observed by
manufacturers and distributors of firecrackers and pyrotechnic devices:

a) A zone shall be designated by the local government unit where a
manufacturing complex may be established. The outer perimeter of this zone
shall be at least three hundred (300) meters away from the nearest residential
units. Once a zone has been defined, no residential unit shall be permitted to be
constructed nearer than three hundred (300) meters from the perimeter of such
zone;

b) The manufacturing complex shall be governed by, but not limited
to, the following safety measures:

1) All buildings must have adequate ventilation, no concrete
floors, must be leak-proof and furnished with necessary fire extinguishers;
2) The warehouse must be at least fifty (50) meters away from

any processing station of the complex; and


3) The following processing stations of the complex shall be laid
out according to the indicated minimum distance from each other with all
sides open:

i. Mixing, 50 meters;

ii. Grinding, 40 meters;

iii. Packaging, 40 meters;

iv. Nagmimitsa, 20 meters; and
v. Loading, 20 meters.

SEC. 9. Regulation on the Use of Firecrackers. - When any event,
activity or occasion involves the use of firecrackers, the following must be
observed:

a) The services of qualified professionals shall be employed to
supervise the use of firecrackers. For this purpose, the PNP-FEO shall accredit,
after reasonable training, the professionals qualified to use and supervise the use
of firecrackers;

b) Permits for events or organized activities, including concerts,
rallies, programs, shows and other similar activities involving the use of
firecrackers outside of the designated firecracker area shall be filed with the
corresponding barangay which will issue the permits within five (5) days from
filing of application.

For domestic or informal activities, the organizer of the event or the
person who bought the firecrackers shall be responsible for securing the services
of an accredited professional handler of firecrackers and pyrotechnic devices;

c) The use of firecrackers or pyrotechnic devices shall not be allowed in
densely populated residential areas. The local government units (LGUs) shall
identify a zone or designate an area in their respective territorial jurisdiction
where residents may use firecrackers or conduct fireworks display.

The LGUs shall consider the following factors in the identification of such
areas:

1) Population of not more than 3,000 within the area;


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2) Proximity of at least fifty (50) meters to the nearest hospitals
and other medical facilities;

3) Proximity of at least fifty (50) meters to the nearest fire
stations;

4) Distance of at least one hundred (100) meters away from
establishments using, storing or selling highly flammable substances;

5) Distance of at least one hundred (100) meters away from
residential and school buildings;

6) Distance of at least one hundred (100) meters away from
electrical and communication facilities or structures; and

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

SEC. 10. Labeling of Firecrackers and Pyrotechnic Packages.
Firecrackers and pyrotechnic devices shall bear labels indicating the name and
address of their manufacturers and distributors, and warning instructions written
in Filipino and English.

SEC. 11. Record. — Every person authorized to purchase and use
explosives under this Act shall be required to keep a complete, itemized and
accurate record showing:

a) Qualities and kinds of explosives; and

b) Purpose for which the explosives will be used.

SEC. 12. Reportorial Requirement. — At end of every month, licensees
shall submit to the Director-General of the PNP, through the provincial director
of the province where their businesses or projects are located, a monthly report
for explosives in triplicate copies. After affixing comments, recommendations
or notations, the provincial director shall retain the triplicate copy and forward
the original and duplicate copies to the PNP-FEO.

SEC. 13. Prohibited Acts and Penalties. — The following penalties
shall be imposed for the offenses enumerated in this Act.

a) Any person found guilty of using firecrackers without the
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supervision of a professional shall suffer the penalty of imprisonment of not less
than one (1) month and one (1) day but not more than one (1) year and a fine of
not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand
pesos (PS0,000.00);

b) Any person found guilty of using a firecracker outside the designated
firecracker zone shall suffer the penalty of imprisonment of not less than one (1)
month and one (1) day but not more than one (1) year and a fine of not less than
Fifty thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00);

c) Any person found guilty of directing, instructing or allowing a minor
to purchase or use a firecracker or pyrotechnic device shall suffer the penalty of
imprisonment of not less than six (6) months and one (1) day but not more than
one (1) year and a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than Two hundred thousand pesos (P200,000.00);

d) The use of firecrackers in any organized activity outside the designated
firecracker area without the corresponding clearance from the PNP-FEO shall be
prohibited and offenders shall suffer the penalty of imprisonment of not less than
six (6) months and one (1) day but not more than one (1) year and a fine of not
less than Fifty thousand pesos (P50,000.00) but not more than Two hundred
thousand pesos (P200,000.00);

If the offender is a juridical entity, the penalty shall be imposed upon the
president, chief executive officer, manager or any responsible officer who
knowingly permitted or failed to prevent the commission of the crime;

e) Any person who manufactures, sells or distributes firecrackers and
pyrotechnic devices in violation of Sections 4, 5 and 6 of this Act shall suffer
the penalty of imprisonment of not less than six (6) years but not more than
twelve (12) years, and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00), in addition
to the cancellation of the license and the confiscation of the inventory or stock

of firecrackers and pyrotechnic devices by the government.


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SEC. 14, Administration and Enforcement. — The Department of the
Interior and Local Government, through the PNP, shall be primarily responsible
for the administration and enforcement of this Act. The PNP shall transmit all
cases for prosecution arising from violations of this Act to the proper
government prosecutors for appropriate action,

SEC. 15. Information Dissemination on the Use of Firecrackers. — The
Department of Health (DOH), the PNP, the 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.

‘The city or municipal government, in coordination with the barangays in
their jurisdiction, shall conduct massive advocacy and information dissemination

in the observance of the safety guidelines for fireworks or pyrotechnic use and

exhibition. It shall conduct roving inspections and con! te and destroy
prohibited firecrackers and other pyrotechnic devices which are being sold to the
public,

SEC. 16. Implementing Rules and Regulations. — Within six (6) months
from the effectivity of this Act, the Secretary of the Interior and Local
Government shall, in coordination with the BFP, PNP-FEO, and the Secretary of
Health, after public hearing and consultation with the various stakeholders of the
firecracker and pyrotechnic industry and LGU representatives, promulgate the
necessary rules and regulations necessary for the effective implementation of
this Act.

SEC. 17. Repeating Clause. — Republic Act No. 7183 is hereby repealed.
All other laws, decrees, orders, rules and regulations, or parts thereof,
inconsistent with any provision of this Act are hereby repealed or modified
accordingly.

SEC. 18. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,