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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session, 
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SENATE 
S, No, _181fL 
Introduced by S~nator M1riam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 provides: 
SEC. 5. The maintenance of peace and order, the protection of life, liberty, 
and property, and promotion of the general welfare we essential for the enjoyment 
by all the people of the blessings of democracy. 
Following this state principle, the state intends to protect the general welfare of the 
peopfe by barining the use of firewO!:ks in residential areas. 
According to a 2007 newspaper report, "while there were no reported deaths, 907 people, 
including children and bystanders, were injured by firecrackers and celebratory gunfire during 
holiday revelries this year, up 48 percent If,om the same period in 2005. Of the total injuries 
recorded from December 21 to Jannary I, 870 were firecracker-related, 35 were due to stray 
bullets, and two were due to watusi (dancing firecracker) ingestion," 
Acknowledging the sharp rise in injuries from 610 during the same period in 2005, 
Health Secretary Francisco Duque reiterated his plea for lawmakers (0 ban the use of firecrackers 
in residential areas. Hence, this bill aims to ban (he use of firecrackers in residential areas.' 
• This bill was originally filed during the Fourteenth Congress, Fir~t Regular Session, 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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) 
) 
First Regular Session 
SENATE 
S. No. 
1 B76 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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BANNING THE USE OF FIRECRACKERS IN RESIDENTIAL AREAS 
Be it enacted by the Senate and tHe House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known and cited as the "Firecracker Ban in 
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Residential Areas Act." 
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SECTION 2. Declaration of Policy. - The maintenance of peace and order, the protection 
, 
, 
. 
. 
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of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment 
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by all the people of the blessings of democracy. To this end, the State aims to ensure the safety 
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of the people by banning the use of firecrackers in residential areas. 
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SECTION 3. Total Ban on Use of Firecrackers in Residential Areas. - The use of any 
10' firecracker and/or pyrotechnic device is absolutely banned in residential areas. For the purposes 
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of this Act, "residential areas" shall be defined by the local zoning ordinance of the local 
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government unit involved. 
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SECTION 4. Designation of Common Firecracker Use Area. - For purposes of national 
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and local holiday celebrations, the head of the local government unit involved is authorized to 
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designate a common firecracker use area. The common firecracker use area should not exceed 
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Two Hundred (200) square meters and should be located in a nonresidential zone. In addition, 
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there can be only one common firecracker us~ area per barangay. 
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SECTION 5. Penalties. - Any person who violates Section 3 of this Act shall be 
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punished by a fine of not less than Ten Thousand Pesos (P 1 0,000.00) nor more than Fifty 
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Thousand Pesos (P50,000.00), or imprisonment of not less than six (6) months nor more than one 
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(1) year, or both such fine and imprisonment, at the discretion of the court. 
, 
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SECTION 6. Administration and En/orcement. - The Philippine National Police shall be 
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primarily responsible for the administration and enforcement of this Act. It shall transmit all 
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cases for prosecution arising from vioLations of this Act to proper government prosecutors for 
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appropriate action . 
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SECTION 7. Implementing Rules and Regulations. - The Secretary of Interior and Local 
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Government, after public hearing and consultation with the firecrackers and pyrotechnic industry 
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and representatives of local government units, shall promulgate the rules and regulations 
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implement this Act within sixty (60) days from the effectivity of this Act. 
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SECTION 8. Separability Clause. - If any provision or part thereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - All laws, presidential decrees or issuances, executive 
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orders, letter of instruction, administrative orders, rules, and regulations contrary to or 
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inconsistent with the provisions of this Act are hereby repealed, modified, or amended 
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accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
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