Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

607

House Bill No.

Introduced by HON. RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

Every New Year's Eve, incidents of injuries and deaths occur from the
indiscriminate firing of firearms into the air by civilians, and in many
instances by members of the uniformed service. Festivities turn into
nightmares that will haunt the loved ones of these innocent victims of stray
bullets. The abhorrent practice of indiscriminate firing of firearms sadly takes
place even on ordinary days. Even worse, a number of those committing the
offense are police officers, military and uniformed personnel who use their
licensed or issued firearms outside their official duties.

In view of this, a review of existing laws and the consequent adoption of
new legislation to address this matter is in order.

At present, the illegal discharge of firearm is penalized under Article
254 of the Revised Penal Code, viz:

“article 254. Discharge of firearms. - Any person who
shall shoot at another with any firearm shall suffer the penalty of
prision correccional 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 for which a higher penalty is prescribed by any of the articles
of this Code.”

As can be gleaned from the above provision, the said crime is
punishable with prision correccional in its minimum and medium periods,
which has a duration of six (6) months and one (1) day to four (4) years and
two (2) months only. Furthermore, one of the elements of this crime is that
the offender discharges a firearm against or at another person.


‘The proposed measure seeks to increase the penalty for the said crime
in order to put emphasis on the seriousness of the offense and to define and
penalize the offense of indiscriminate firing of firearm which shall be
distinguishable from the crime of illegal discharge of firearm under the
Revised Penal Code in that it will not require the act of shooting to be directed
at another person.

Further, this bill aims to impose heavier penalties upon members of the
uniformed services of the government in order to deter them from unlawfully
and/or indiscriminately discharging their respective firearms.

This proposed legislation was previously approved on third reading by
the House of Representatives and subsequently transmitted to the Senate
during the 17" Congress. This Representation seeks to re-file this proposed
piece of legislation for the consideration of the present Congress.

In view of the foregoing, the passage of this bill is earnestly sought.

RESURRECCION MARRERO-ACOP, MD
Representative
2n4 District, Antipolo City


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

607

House Bill No.

Introduced by HON. RESURRECCION MARRERO-ACOP, MD

AN ACT
DEFINING THE OFFENSES OF DISCHARGE OF FIREARMS AND
INDISCRIMINATE FIRING OF FIREARMS AND PROVIDING STIFFER
PENALTIES THEREFOR, AMENDING FOR THE PURPOSE ARTICLE 254
OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
“REVISED PENAL CODE”, AND REPUBLIC ACT NO. 10591, OTHERWISE
KNOWN AS “THE COMPREHENSIVE FIREARMS AND AMMUNITION
REGULATION ACT”

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

SECTION 1. Article 254 of Act No. 3815, as amended, otherwise
known as the “Revised Penal Code”, is hereby amended to read as follows:

“article 254. Discharge of firearms. — Any person
who shall shoot at another with any firearm OR ANY DEVICE
shall suffer the penalty of prision correccional in its [minimum
and medium periods] MAXIMUM PERIOD, 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 for which a higher penalty is prescribed by any of
the articles of this Code.

IF THE PERSON RESPONSIBLE FOR THE DISCHARGE
OF FIREARMIS A MEMBER OF THE NATIONAL POLICE,
ARMED FORCES OR ANY LAW ENFORCEMENT AGENCY
AUTHORIZED BY LAW TO BEAR ARMS, THE PENALTY ONE
(1) DEGREE HIGHER THAN THAT PROVIDED IN THE
PRECEDING PARAGRAPH SHALL BE IMPOSED.”


For purposes of this Act, the term “device” refers to anything that may
not have been designed as a firearm but can be functionally adapted and used
as a firearm.

SEC.2. Republic Act No. 10591, otherwise known as the
“Comprehensive Firearms and 9 Ammunition Regulation Act,” is hereby
amended by inserting a new Section after Section 41, which shall read as
follows:

“SECTION 41-A. INDISCRIMINATE FIRING OF
FIREARM; DEFINITION; PENALTIES. — ANY PERSON WHO
SHALL DISCHARGE OR SHOOT ANY FIREARM OR ANY
DEVICE WITHOUT LAWFUL AUTHORITY, OR IN A RANDOM,
AIMLESS, PURPOSELESS OR INDISCRIMINATE MANNER,
SHALL SUFFER THE PENALTY OF PRISION MAYOR IN ITS
MEDIUM PERIOD.

IF THE INDISCRIMINATE FIRING OF FIREARM OR
DEVICE SHALL RESULT TO INJURY TO A PERSON OR
DAMAGE TO PROPERTY, THE RESULTING CRIMES SHALL
BE CONSIDERED AS DISTINCT AND SEPARATE OFFENSES.

IF THE INDISCRIMINATE FIRING OF FIREARM SHALL
RESULT TO THE DEATH OF A VICTIM, THE PENALTY OF
RECLUSION TEMPORAL SHALL BE IMPOSED.

IF THE OFFENDER IS A MEMBER OF THE NATIONAL
POLICE, ARMED FORCES OR ANY LAW ENFORCEMENT
AGENCY AUTHORIZED BY LAW TO BEAR ARMS, THE
PENALTY ONE (1) DEGREE HIGHER THAN THAT PROVIDED
IN THE PRECEDING PARAGRAPHS SHALL BE IMPOSED.
THE OFFENDER SHALL LIKEWISE BE SUBJECT TO
SUMMARY DISMISSAL PROCEEDINGS AND SHALL BE
PERPETUALLY DISQUALIFIED FROM HOLDING ANY PUBLIC
OFFICE.

IN ADDITION TO THE PENALTIES IMPOSED HEREIN,
ANY FIREARM LICENSE OR PERMIT ISSUED IN FAVOR OF
THE OFFENDER SHALL BE SUMMARILY CANCELLED, AND
THE OFFENDER SHALL BE PERPETUALLY DISQUALIFIED
FROM BEING GRANTED ANY FIREARM LICENSE OR
PERMIT.”

SEC.3. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in force and effect.

SEC. 4. Article 254 of Act No. 3815 or the Revised Penal Code, and
Republic Act No. 10591 or the Comprehensive Firearms and Ammunition
Regulation Act, are hereby amended. All laws, decrees, orders, rules and
regulations or other issuances or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.


SEC.5. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,