Republic of the Philippines
HOUSE OF REPRESENTATIVES

RECEIVED
Constitution Hills, Quezon City a 5

DA

ee
TIME:_& } ~

SEVENTEENTH CONGRESS
First Regular Session RECISTRATION UNrT
BILLS AND INDEX SERVICE
1491

HOUSE BILL NO.

Introduced by: Representative Harlin Neil J. Abayon III

EXPLANATORY NOTE

‘The Philippines is rated second in terms of the number of firearms that are smuggled
into Japan. It is a producer and shipper of smuggled firearms. The Philippines is also a final
destination of smuggle firearms. The burgeoning illicit trade in firearms can be attributed to
the lack of anti-firearms smuggling laws in the country, our long coastline and the great

demand for them by criminal syndicates, Muslim secessionists and other militant groups

In our country, the firearms and ammunitions used by the Abu Sayaf are believed to
have been smuggled into Philippines via the southem backdoor. Certainly, the problem

s threat not only to the peace and

brought about by the firearms smuggling poses a seri
order situation of our country but also to other countries. This growing menace must be
addressed. This bill therefore seeks to address the problem caused by firearms smuggling by

classifying it as a crime, providing stiffer penalties for its commission

This measure was previously filed by Senator Panfilo Lacson in the 15" Congress.

Passage of this bill is earnestly sought now in the 17” Congress.

HARLI IL J. ABAYON IL
Representative
Party-List AANGAT TAYO

HOUSE OF REPRESENTATIVES

|


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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1491

Introduced by: Representative Harlin Neil J. Abayon III

AN ACT
DEFINING THE CRIME OF FIREARMS SMUGGLING, PROVIDING PENALTIES
THEREFORE AND FOR OTHER PURPOSES

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

SECTION 1. Short Title, - This Act shall be known as the “Anti-Firearms Smuggling Act.”

SECTION 2. Statement of Policy. ~ It is hereby declared the policy of the State to maintain
Peace and order, protect the lives, liberty and property of the people and promote public
safety. In consonance with this objective, the State shall regulate the circulation,
transportation, transmission and sale of firearms of whatever kind that may endanger the
lives and safety of its citizens but also the citizens of the other country where such firearms
are illegally brought. Towards this end, firearms smuggling is hereby made am offense and
Provided with stiffer penalties for the purpose preventing if not totally eradicating the evils
accompanying the same. a

SECTION 3. Definitions. As used in this Act

a) “Firearms Smuggling” — Refers to the act of any person who, through the use of any
fraudulent machinations, shall import or bring into, or export fro, the Philippines
assist in so doing, any firearm or parts thereof, explosive or ammunition or machine,
implements, equipment’s or tools for the manufacture of firearms. It shall likewise
refer to the act of any person who, contrary to law, shall receive, conceal, buy, sell or
in any manner facilitate the transportation, concealment or sale of said firearms or
Part thereof, explosive or ammunition or machine, implements, equipment’s or tools
for the manufacture of firearms, ammunition or explosives after importation, knowing
the same to have been imported contrary to law.

b) “Firearms” - As used herein, the term includes handguns, revolvers, pistols, rifles,
muskets, carbines, shotguns, cannons and other deadly weapon from which a bullet,
ball, shot, shall or other missile may be discharged by means of gunpowder or other



the provisions of Executive Order No. 712 dated 28 July 1981. The barrel of any
firearm shall be considered a complete firearm;

©) “Explosive” — refers to any substance either solid or liquid, either as mixture of single
compound which by chemical reaction liberate at high speed heat and gas causing
tremendous pressure resulting in an explosion, such as gunpowder, powder used for
blasting, all forms of high explosives, blasting materials, dynamite, fuses, detonators
and detonating agents, smokeless powder, hand grenade, rifle grenade, pill box bomb,
malotov cocktail bomb, or other incendiary devices and other chemical compound or
chemical mixture that contains any combustible unit or other ingredients in such
proportion or packing that ignites by fire, by friction, by concussion, by percussion,
or by detonation of all or any parts of the compound or mixture causing such a sudden
generation of highly heated gases that resultant gaseous pressure are capable of
producing destructive effects on contiguous objects or destroying life or limb.

4) “Ammunition” — refers to loaded shells for rifles, muskets, carbines, shotguns,
revolvers, pistol and other firearms from which a bullet, ball, shot, shall or other
missile may be fired by means of gunpowder or explosives

©) “Syndicate” - refers to at least three person organized for the purpose of engaging in
firearms smuggling

SECTION 4. Act Constituting the Crime of Firearms Smuggling. — It shall be unlawfal
for any person or group of persons to commit any of the following acts:

1. To fraudulently import or brig into the Philippines, or assist in so doing, any firearms
or parts thereof, explosive or ammunition or machine, implements, equipments or
tools for the manufacture of firearms, ammunition or explosive;

2. To export or attempt to export fraudulent or giving assistance in so doing, any firearm
or parts thereof, explosive, ammunition or machine, implements, equipments or tools
for the manufacture of firearms, ammunition or explosive;

3. To entice, induce, encourage or persuade another by offer of money, gift, anything of
value, employment, advantage or other considerations, or by threat or use of force,
fraud, deception, coercion or abuse of authority, to import or bring into the
Philippines, or export from the Philippines any firearm or parts thereof, explosive,
ammunition or machine, implements, equipments or tools for the manufacture of
firearms, ammunition or explosive or to cause said fraudulent importation or
exportation;

4, To assist in the conduct of misrepresentation or fraud for the purpose of facilitating
the acquisition of clearances and entry or exit documents from government agencies
or officials that are mandated to conduct examinations ad inspections of cargoes,
cartoons, baggage, other containers, cloth or things where firearm, explosive or
ammunition could have been packed, placed or inserted;

5. To facilitate, assist and help in the importation and exportation from/to the country at
international and local airports and seaports of firearm or parts thereof, ammunition,
explosive, machine, implements, equipments or tools for the manufacture of firearms


or parts thereof, ammunition and explosive through the use of unissued, tampered or
fake travel documents.

SECTION 5. Penalties. ~ Any person engaged in firearms smuggling shall be punished by
imprisonment of not less than twelve (12) years and one day but not more than twenty (20)
years and a fine of not less than one million (Php 1,000,000.00) but not more than five
million pesos (Php 5,000,000.00)

The penalty of reclusion perpetua and a fine of five million pesos (P5,000,000.00) shall be
imposed upon:

2.) Any government official or employee, who, in order to facilitate firearms smuggling,
processes, issues or otherwise disposes of any document necessary for the importation
into the Philippines or exportation of any firearms to any person;

b.) Any person who procures, processes, sell or obtains by fraudulent means any
document necessary for the importation into the Philippines or exportation of any
firearms;

c.) The pilot, master, agent, owner, consignee, or any person in charge of a vessel or
aircrafi who knowingly and intentionally carries smuggled firearms, ammunition or
explosives departing from or entering the Philippine territory. The vessel or aircraft
used in transporting smuggled firearms shall be seized and shall be subject to a lien
on the penalty that may be imposed upon conviction.

4d.) Any person who belongs to syndicate engaged in firearms smuggling, or to the illegal
dealers or manufacturers of firearms, ammunitions or explosives, or when the
smuggled firearms, explosives or ammunitions were used, intended, o in furtherance
of or incident to, or in connection with the commission of other crimes like, murder,
armed robbery, terrorism, rebellion, sedition or coup d'etat or be used in the
assassination of top government officials. The same penalty shall be imposed when a
government official or employee connives with a syndicate in the commission of the
crime aforementioned,

In addition to the penalties provided by the preceding paragraphs, any government
officials or employee shall, upon conviction, be dismissed from office-and perpetually
disqualified to hold public office. <

SECTION 6. Jurisdiction. — Any criminal action arising from any violation of this Act shall
be filed with the Regional Trial Court of the place where the offense was committed. The
court first taking cognizance of the case shall exercise jurisdiction to the exclusion of other
courts,

SECTION 7. Presumption of Firearms Smuggling. — Possession, importation or
exportation of any firearm or parts thereof, explosive, ammunition or machines, implements,
equipments or tools for the manufacture of firearm, ammunition or explosive without the
necessary license to possess, manufacture or to import or export them shall be prima facie
evidence of firearms smuggling.

SECTION 8. Programs that Address Firearm Smuggling. — The Government shall
establish and implement for the prevention of firearms smuggling. For this purpose, the


following departments and agencies are hereby mandated to implement the following
programs:

(@) Depariment of Foreign Affairs — shall make available its resources and facilities
overseas for the proper monitoring of manufactured firearms in their respective
foreign posts and explore means to further enhance its assistance in eliminating
smuggled firearms through closer networking with government agencies in the
country and overseas, particularly in the formulation of policies and implementation
of relevant programs

(b) The Philippine National Police ~ shall adopt a system of monitoring the approximate
number of firearms circulating in the country, the number of those transported into
the Philippines legitimately and those produced by licensed manufacturers and
dealers of firearms for purposes of regulation. It shall likewise adopt means of
investigation and information from its sources to have an approximation of the
firearms illicitly transported in and outside of the Philippines and cause the seizure,
forfeiture and even destruction of the smuggled firearms.

(©) Depariment of Justice (DOJ) - shall initiate the filing of complains involving
smuggled firearms and ensure the effective prosecution of guilty parties. * °

SECTION 9. Reporting Requirements. - The concemed agencies shall submit to the
President of the Philippines and to Congress an annual report of the policies, programs and
activities relative to the implementation of this Act.

SECTION 10. Funding. - The amount needed to implement the provision of this Act shall
be charged against the current year’s appropriation or savings of the respective agencies
concemed. Thereafter, such sums as may be necessary for the continuous implementation of
the Act shall be included in the annual General Appropriations Act.

SECTION 11. implementing Rules and Regulations. — Within thirty (30) days from the
effectivity of this Act, an inter-agency coordinating committee composed of the departments
and agencies mentioned in Section 8 hereof shall promulgate the rules and regulations to
effectively implement the provisions of this Act.

SECTION 12. Prescription. — Actions to be filed under the provisions of this Act shall
prescribe after a period of four (4) years computed from the date of the commission of the
offense upon discovery by the public authorities.

SECTION 13. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in force and effect.

SECTION 14. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 15. Effectivity - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved,