FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 states: 
;,~i: £n ,Ii t f 
\1!rhrr '.If tll! -{q' '1 f'l-iHIJ 
'11 
DEC -7 P 2 :28 
HE C'" .·:1' EY:~~"~. 
Section 5. The maintena11ce of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare are essential for the 
enjoyment by all the people of the blessings of democracy. 
Various media have reported that according to the Philippine National Police (PNP), 
there is an estimated 600,000 unlicensed firearms in the country, which could be used to commit 
crimes. PNP Director General Nic8llOr Bartolome reportedly said that most of the firearms 
involved in crimes are unlicensed firearms, and that the PNP could only guess at the number of 
loose guns from intelligence reports. According to Bartolome, it is only when a crime is solved 
that there is a reduction in the number ofloose firearms. 
Due to the proliferation of illegal firearms and the increase of crime rate in the country, it 
has been urged that legislators amend the existing law on illegal possession of firearms. 
Bartolome reportedly admitted to the difficulty of prosecuting people caught for robbery because 
they could easily post bail and decide not to appear in court. 
This Bill therefore seeks to address the need to amend Republic Act No. 8294 in order to 
prevent the proliferation of illegal firearms in the country and reduce the incidence of crimes 
committed with the use of such illegal firearms. 
I 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENAm 
S.No. ~083 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'11 
DEC -7 P2 :28 
2 
AMENDING SECTION I Of REPUBLIC ACT NO. 8294 ALSO KNOWN AS THE 
3 
FIREARMS LAW Of 1997, ON THE UNLAWFUL MANUFACTURE, SALE, 
4 
ACQUISITION, DISPOSITION OR POSSESSION OF FIREARMS OR 
5 
AMMUNITION OR INSTRUMENTS USED OR INTENDED TO BE USED IN THE 
6 
MANUFACTURE OF FIREARMS OR AMMUNITION, AS AMENDED 
7 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
8 
SECTION 1. Section I of Republic Act No. 8294, also known as the Firearms Law of 
9 
1997, as amended, is hereby further amended to read as follows: 
10 
Section 1. Sec. I Presidential Decree No. 1866, as amended, is hereby 
II 
further amended to read as follows: 
12 
"Sec. I. Unlawful manufacture, sale, acquisition, disposition or 
13 
possession of firearms or ammunition or instruments used or intended to 
14 
be used in the manufacture of firearms or ammunition. -
The penalty of 
15 
P RISION MAYOR in its maximum period and a fine of not less than ONE 
16 
HUNDRED THOUSAND PESOS (P100,000) shall be imposed upon any 
17 
person who shall unlawfully manufacture, deal in, acquire, dispose, or 
18 
possess any low powered firearm, such as rimfire handgun, .38 or .32 and 
19 
other firearm of similar firepower, part of firearm, ammunition, or 
20 
machinery, tool or instrument used or intended to be used in the 
21 
manufacture of any firearm or ammunition: Provided, That no other crime 
22 
was committed. 
1 


2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
"The penalty of RECLUSION TEMPORAL and a fine of NOT 
LESS THAN TWO HUNDRED THOUSAND (P200,000) shall be 
imposed if the firearm is classified as high powered firearm which 
includes those with bores bigger in diameter than .38 caliber and 9 
millimeter such as caliber .40, .41, .44, .45 and also lesser calibered 
firearms but considered powerful such as caliber .357 and caliber .22 
center-fire magnum and other firearms with firing capability of full 
automatic and by burst of two or three: Provided, however, That no other 
crime was committed by the person arrested. 
"If homicide or murder is committed with the use of an 
unlicensed firearm, such use of an unlicensed firearm shall be considered 
as an aggravating circumst311ce. 
"IF THE VIOLATION OF THIS SEC. WAS COMMITTED BY A 
GROUP, COMPRISED OF THREE OR MORE PEOPLE, IN WHOSE 
POSSESSION THREE OR MORE ILLEGAL FIREARMS WERE 
FOUND, THEN THE PENALTY SHALL BE RECLUSION PERPETUA 
AND A FINE OF ONE HUNDRED FIFTY THOUSAND PESOS 
(PI50,000) EACH IF THE UNLICENSED FIREARMS WERE NOT 
USED IN COMMITTING ANOTHER CRIME, OR RECLUSION 
PERPETUA AND A FINE OF TWO HUNDRED FIFTY THOUSAND 
PESOS (250,000) EACH IF THE UNLICENSED FIREARMS WERE 
USED IN FURTHERANCE OF ANOTHER CRIME COMMITTED BY 
THE GROUP. 
"If the violation of this Sec. is in furtherance of or incident to, or 
in connection with the crime of rebellion or insurrection, sedition, or 
attempted coup d'etat, such violation shall be absorbed as an element of 
the crime of rebellion, or insUlTection, sedition, or attempted coup d'etat. 
"The same penalty shall be imposed upon the owner, president, 
manager, director or other responsible officer of any public or private 
2 


1 
firm, company, corporation or entity, who shall willfully or knowingly 
2 
allow any of the firearms owned by such firm, company, corporation or 
3 
entity to be used by any person or persons found guilty of violating the 
4 
provisions of the preceding paragraphs or willfully or knowingly allow 
5 
any of them to use unlicensed firearms or firearms without any legal 
6 
authority to be carried outside of their residence in the course of their 
7 
employment. 
8 
"The penalty of arresto mayor shall be imposed upon any person 
9 
who shall carry any licensed firearm outside his residence without legal 
10 
authority." 
11 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
12 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
13 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
14 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
15 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Imamt/6dec11 
3