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SENATE OF THE PHILIPPINES 
&1XTEENTH CONGRESS 
Fil'R.t Regular Session 
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SENATE 
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1223 
Senate Bill No. 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
This proposed measure aims to provide stiffer penalties for willful 
or indiscriminate discharge of firearms, thereby amending for the 
purpose our Revised Penal Code. 
While illegal discharge of firearms is already penalized under the 
Revised Penal Code, the penalties under the law are very light. Under the 
existing law, any person who shall discharge any firearm may be 
prosecuted under Article 155 (Alanns and Scandals) of the Penal Code, 
and penalized with imprisonment of thirty (30) days or a fine not 
exceeding Two Hundred Pesos (P 200.00). This penalty does not deserve 
as a deterrent from willful or indiscriminate discharge of firearms. 
If we should look on the records of the Philippine National Police 
through its Firearms and Explosive Division, there are about 1.4 
registered guns in the country. However, the loose firearms or the illegal 
and unlicensed guns reach to about 4 million being carried around by 
civilians and criminals. 
Yes, we hear about persons being shot for no reason. But, what is 
becoming more alarming is that these cases no longer involve criminals 
or private individuals but policemen and members of the armed forces. 
Victims of indiscriminate discharge of firearms continue to file up. The 
indiscriminate discharge of firearms especially during festivities is widely 
condemned because of the loss of lives of innocent people especially 
children. 
Under the proposed measure, any person, who shall willfully and 
indiscriminately discharges any firearm, or other weapon, in any public 
place or in any place where there is any person or property to be 
endangered thereby shall suffer the penalty of prision correctional in its 
maximum period. Likewise, if the person who willfully or indiscriminately 
discharges any firearm, is a member of the Philippine National Police or 
Armed Forces of the Philippines, or a law enforcement officer, the penalty 
of reclusion temporal in its maximum period shall be imposed. And lastly, 
if the willful and indiscriminate discharge of firearm results in the death 
of a person, the penalty of reclusion perpetua shall be imposed. 
In view of the foregoing, approval of this bill is fervently sought. 
~<sG=' : 
JOSEPH VICTOR G. EJERCITO 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
1223 
Senate Bill No. ___ _ 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR 
INDISCRIMINATE DISCHARGE OF FIREARMS, AMENDING FOR THE 
PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS 
THE REVISED PENAL CODE 
Be enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 155 of Act No. 3815 is hereby amended to read 
as follows: 
" ARTICLE 155. Alarms and Scandals. - The penalty of arresto 
menor or a fine not exceeding 200 pesos shall be imposed upon: 
1. Any person who within any town or public place, shall 
discharge any [firearm], rocket, firecracker, or other explosive 
calculated to cause alarm or danger; 
xxx 
xxx 
XXX" 
SECTION 2. Article 254 of the same Act is also hereby amended to 
read as follows: 
" ARTICLE 254. Discharge of Firearms. - Any person who shall 
shoot at another any firearm shall suffer the penalty of 
pnSlOn 
correctional in its minimum and medium periods, unless the facts of the 
case are such that the act can be held to constitute frustrated or 
attempted parricide, murder, homicide, or any other crime of which a 
higher penalty is prescribed by any of the articles of this Code. 
ANY PERSON WHO SHALL WILFULLY AND INDISCRIMINATELY 
DISCHARGE ANY FIREARM, OR OTHER WEAPON, IN ANY PUBLIC 
PLACE OR IN ANY PLACE WHERE THERE IS ANY PERSON OR 
PROPERTY TO BE ENDANGERED THERE SHALL SUFFER THE 
PENALTY OF PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD, 
UNLESS THE FACTS OF THE CASE CAN BE HELD TO CONSTITUTE 
ANY OTHER CRIME OF WHICH A HIGHER PENALTY ID PRESCRIBED 
BY ANY OF THE ARTICLES OF THIS CODE. 
IF THE PERSON WHO WILFULLY AND INDISCRIMINATELY 
DISCHARGES ANY FIREARM, IS A MEMBER OF THE PHILIPPINE 
NATIONAL POLICE, ARMED FORCES OF THE PHILIPPINES OR A LAW 


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ENFORCEMENT OFFICER, AND SUCH DISCHARGE IS NOT IN THE 
PERFORMANCE OF OFFICIAL DUTIES, THE PENALTY OF RECLUSION 
TEMPORAL IN ITS MAXIMUM PERIOD SHALL BE IMPOSED. 
IF THE WILFUL AND INDISCRIMINATE DISCHARGE OF FIREARM 
RESULTS IN INJURIES CAUSING THE DEATH OF A PERSON, THE 
PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED." 
SECTION 3. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved,