Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT REGULATING THE USE OF FIRECRACKERS AND FOR OTHER
PURPOSES

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 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 1,021 cases of fireworks injuries recorded in all 50 sentinel
hospital sites of the country at the end of its surveillance period from December 21,
2011 to January 5, 2012, with only once case less from the total injuries recorded last
2010.

While the government campaign against the use of firecrackers seem to be
working as firecracker injuries 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

GLORIA on ARROYO DIOSDAD PAGAL ARROYO
2" District, Pampanga GY 2™ District, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

‘a 786

House Bill No.

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT REGULATING THE USE OF FIRECRACKERS AND FOR OTHER
PURPOSES

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

Section 1. Title. - This Act shall be known as “The Firecracker Use Regulation
Act of 2013.”

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. \t 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:

Population within the area;
Proximity to hospitals and other medical facilities;
. Proximity to fire stations;
Distance from establishments using, storing, or selling highly
flammable substances;
5. Distance from residential buildings and school buildings;

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6. Distance from electrical and communication facilities and structures;
ind,
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 the 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
firecrackers 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 (P50,0000.00) but not to exceed One
Hundred Thousand Pesos (P100,000.00) 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 @
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.

9

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 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 Section 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 Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.