E L E V E "  CONGRESS OF THE REPUBLIC 
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JW -1 
PI. 26 
OF THE PIXLIPPINES 
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First Regular Session 
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S E N A T E  
S. B. No. 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
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The Child and Youth Welfare Code, Article 3 provides: 
(7)Every child has the right to 111 opportunities for safe and wholesome 
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recreation and activities, . . . 
:'(S)Every child has the right to protection against ... improper influences, 
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hazards, and other conditions or circumstances prejudicial to his physical, 
mental, emotional, social and moral development; 
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The parents or guardian of a person of tender age have the responsibility to ensure 
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his safety, until he reaches the age of majority. 
Firearms are regulated by a system of monitoring and licensing. However, they 
have proliferated in homes and communities, making them easily accessible to a child, 
Considering that a child has no discernment, his safety depends entirely on the conduct of 
adults around him. 
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This bill penalizes the act of making firearms accessible to a child, in order to 
prevent a child from injuring himself or others with a firearm. 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
TO PRETFhT O P E N ’ S  ACCESS T0,FIREARMS 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congress assembled: 
SECTION 1. Short Title. ?hi.? Act shall be known as the “Child Firearm Access 
Prevention Act” 
SECTION2. Ckclurntion of Policy. - The State shall protect md promote the 
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interests of the child by providing him with a conducive and safe environment. 
SECTION 3. &$nirion of Terms. - For purposes of this Act, the tern: 
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(a) “secure gm storage or safety device” refers to a : 
(1) a device thaL when installed on a firearm, prevents the firearm from being 
operated without first deactivating or removing the device; 
(2) a device incorporated into the design o f  the firearm that prevents the operation of 
the firearm by anyone not having access to the device; or 
(3) a safe, gun safe, gun case, lock box, or other device that is designed to be or cm 
be used to store afirearm and that can be unlocked only by means of a key, a combination, 
or other similar means. 


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“mino? refers to aperson who hns not yet attained the age of eighteen (18) 
years. 
(c) 
“Director General” refers to the Director General of the Philippine 
National Police (PNP), or to the head of the appropriate body, tasked with the monitoring 
and issuance of licenses for firearms. 
SECTION 4. Punishable Acts. - Except as provided in Section 5 ,  any person who-- 
(a) keeps a loaded firearm, or an unloaded firearm and ammunition for the 
firearm, within any premise that is under the custody or control of that person; and 
(k) knows, or reasonably should know, that a minor is capable of gaining access 
to the firearm without the permission of the parent or legal guardian of the minor; 
shall, if a minor obtains access to the fireann and thereby causes death or bodiiy 
injury to the minor or to any other person, or exhibits the fireaim either in a public place, 
be imprisoned not more than 1 year, fined not more than P100,OOO or both. 
SECTION 5. Exceptions. - Section 3 does not apply in the following cases : 
(a) the person uses a secure gun storage or safety device for the firem, 
(b) the person is a peace officer, a member of the Armed Forces, or a member 
of the Philippine National Police, with the license to carry and keep the firearm, and the 
minor obtains the firearm during, or incidental to, the performance of the official duties of 
the person in that capacity; 


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(c) the minor obtains, or obtains md discliarges, the firem in a larvful act of 
self-defense or defense of one (1) or more other persons; or 
(d) the person has no reasonable expectation, based on objective facts and 
circumstances, that a minor is likely to be present on the premises on which the firearm is 
kept. 
SECTION 6. The Director General shall ensure that a copy of this Act appears on 
the form required to be obtained by a licensed dealer from a prospective transferee of a 
firearm. 
SECTION 7. Separab/lity Clause. - Ifmy provision, or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise aftected shall 
remain valid and subsisting. 
SECTION 8. Repealing Clame. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rnle or regulation contrary to or 
inconsistent with. the provisions of this Act is hereby repealed, modified or mended 
accordingly. 
SECTION 9. Eflecfivify Clause. - This Act shall t i e  effect fifteen (15) days 
after its publication in at least two (2) newspapers ofgeneral circulation. 
Approved. 
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14 August 1998