, ' 
SIXTEENTH CONGRESS OF THE REPUBLfC ) 
OF THE PHlLfPPINES 
) 
Second Regular Session 
) 
SENATE 
255 D 
S. No. _-=~':..:!g~ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
. S 
JAN -5 P3"57 
PENALIZING PARENTS OR GUARDIANS WHO FAIL TO SECURE THEIR 
FIREARMS FROM BEING ACCESSED BY CHILDREN 
EXPLANATORY NOTE 
The Child and Youth Welfare Code, Article 3, Paragraph 7 and 8 provide: 
(7) Every child has the right to full opportunities for safe 
and wholesome recreation and activities ... 
(8) Every child has the right to protection against ... 
improper influences, hazards, and other conditions or 
circumstances prejudicial to his physical, mental, 
emotional, social, and moral development; 
The parents or guardian of a person of tender age have the responsibility to 
ensure 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. 
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. I 
4'-> 4\N----- J2.-4; 
MIRIAM DEF~SOR SANTIAGO 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session 
1 


SIXTEENTH CONGRESS OF THE REPUBUC ) 
OF THE PHIUPPINES 
) 
Second Regular Session 
) 
, ~, 
JIIN -5 P 3 :':17 
SENATE 
S. No. __ 2551L 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PENALIZING PARENTS OR GUARDIANS WHO FAIL TO SECURE THEIR 
3 
FIREARMS FROM BEING ACCESSED BY CHfLDREN 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
4 
SECTION 1. Short Title. - This Act shall be known as the "Child Firearm 
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Access Prevention Act." 
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SECTION 2. Declaration of Policy. - The State shall protect and promote 
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the interests of the child by providing him with a conducive and safe environment. 
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SECTION 3. Definition of Terms. -For purposes of this Act, the term: 
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(A) "Secure gun storage or safety device" refers to a: 
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(1) Device that, when installed on a firearm, prevents the firearm from 
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being operated without first deactivating or removing the device; 
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(2) Device incorporated into the design of the firearm that prevents 
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the operation of the firearm by anyone not having access to the device; or 
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(3) Safe, gun safe, gun case, lock box, or other device that is designed 
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to be or can be used to store a firearm and that can be unlocked by means of 
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a key, a combination, or other similar means. 
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(B) "Minor" refers to a person who has not yet attained the age of eighteen 
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(18) years; and 
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(C) "Director General" refers to the Director General of the Philippine 
2 
National Police (PNP), or to the head of the appropriate body tasked with the 
3 
monitoring and issuance of licenses for firearms. 
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SECTION 4. Punishable Acts. - Except as provided in Section 5, any person 
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who-
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(A) Keeps a loaded firearm, or an unloaded firearm and ammunition for the 
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firearm, within any premise that is under the custody or control of that person; and 
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(B) Knows, or reasonably should know, that a minor is capable of gaining 
9 
access to the firearm without the permission of the parent or legal guardian of the 
10 
mmor; 
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Shall, if a minor obtains access to the firearm and thereby causes death or 
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bodily injury to the minor or to any other person, or exhibits the firearm either in 
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public place, be imprisoned for not more than one (1) year, fined not more than 
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One Hundred Thousand Pesos (PI 00,000.00) or both. 
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SECTION 5. Exceptions. - Section 3 does not apply in the following cases: 
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(A) The person uses a secure gun storage or safety device for the firearm; 
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(B) The person is a peace officer, a member of the Armed Forces, or a 
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member of the Philippine National Police, with the license to carry and keep the 
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firearm, and the minor obtains the firearm during, or incidental to the performance 
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of the official duties of the person in that capacity; 
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(C) The minor obtains, or obtains and discharges, the firearm in a lawful act 
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of self-defense or defense of one (I) or more other persons; or 
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(D) The person has no reasonable expectation, based on objective facts and 
2 
circumstances, which a minor is likely to be present on the premises on which the 
3 
firearm is kept. 
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SECTION 6. Notice. - The Director General shall ensure that a copy of this 
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Act appears on the form required to be obtained by licensed dealer from a 
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prospective transferee of a firearm. 
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SECTION 7. Separability Clause. - If any provision or part hereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision otherwise 
9 
affected shall remain valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation 
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contrary to or inconsistent with the provision of this Act is hereby modified, or 
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amended accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in at least two (2) newspapers of general circulation. 
Approved, 
iapm12152014 
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