Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City

SIXTEENTH CONGRESS
First Regular session

House BillNo. 4434 _

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

To quote from a report of the Department of Health, there were a total of
1,018 firework-related injuries at the beginning of the year 2014, owing to the
end of the year revelry. This is 73 cases or 8% higher than the five-year (2008-
2012) average and 87 cases or 9% higher compared to the same period last
year. Majority of the cases, or 58%, were from NCR, followed by Region 4-A
with 80 cases and Region 6 (Western Visayas) with 73 cases. In NCR, Manila
215 cases or an equivalent of 37%, Quezon City 130 cases or an equivalent of
22%, Mandaluyong 45 or 8%, Marikina 37 or 6% and Las Pinas 36 or 6%
reported the most number of injuries. Of this number, 250 cases or an
equivalence of 25% were children less than 10 years old and 376 cases or 38%
were caused by the banned piccolo.

Every year, we endure from the pollutants caused by the use of
firecrackers to welcome the new year, we see news flashes of countless injuries,
especially to the hapless children. Until when should we allow this cycle of
perils to our health and environment?

This bill proposes to amend Republic Act 7183, also known as “An Act
Regulating the Sale, Manufacture, Distribution and Use of Firecrackers and
other Pyrotechnic Devices”, to provide stricter regulations on the sale and uses
of the firecrackers and pyrotechnics’. Among other provisions, it behooves upon
the Local Government Units to designate a common area for
firecracker /pyratechnic se te avoid unnecessary fire and injuries a) residents.


introduction of these amendments does not entirely do away with time-honored
merry-making that involves the use of firecrackers and pyrotechnics’ but
enforces to provide stricter regulations in an effort to protect our people from
traditions that are inimical to public health and safety. Hence, support for this
bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 34

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
REGULATING THE SALE, DISTRIBUTION, AND USE OF FIRECRACKERS
AND OTHER PYROTECHNIC DEVICES, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the “Firecracker
Regulation Act of 2014.”

SEC. 2. Declaration of Policy. — The maintenance of peace and order,
the protection of life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of
democracy. To this end, the State aims to ensure the safety of the people by
regulating sale, distribution, and use of firecrackers and other pyrotechnic
devices and specifying the areas where firecrackers and pyrotechnic devices
may be used.

SEC. 3. Permit to Sell. — Manufacturers, dealers and wholesale
distributors of firecrackers and other pyrotechnic devices shall provide the
names and addresses of alll its accredited stores, outlets, dealers, distributors
or re-sellers to the Firearms and Explosives Office of the Philippine National
Police (PNP-FEO) as a pre-requisite for the approval of the manufacturer's or a
dealer’s license permit.


Stores, outlets, dealers, distributors and resellers shall also apply for a
permit to sell from the PNP before they can engage in the sale or distribution of
firecrackers and pyrotechnic devices. There shall be a “one-store, one-permit”
policy. Selling of firecrackers and pyrotechnic devices in places other than
those indicated by the licensed manufacturers, dealers, or wholesale
distributors in their application for a license permit with the PNP-FEO and
without the requisite permit shall be considered illegal and shall be cause for
the confiscation of the products being sold without prejudice to the penalties
provided herein.

SEC. 4. Limit on Purchases. - Manufacturers, sellers, distributors of
firecrackers and other pyrotechnic devices shall only be allowed to sell a
maximum amount of Five thousand pesos (P5,000.00) for a single-purchase of
any firecracker or other pyrotechnic device, not otherwise prohibited by law.
Any corporation or entity that requires a larger number of fireworks and other
pyrotechnic devices shall apply for a special permit from the PNP-FEO for its
fireworks display, subject to regulations which the PNP-FEO may impose.

SEC. 5. Common Firecracker and Pyrotechnic Zone. - The use of
firecrackers or pyrotechnic devices shall not be allowed in densely populated
residential areas; hence, the local government units (LGUs) shall identify a
zone or designate an area in their respective territorial jurisdiction, where
residents may use firecrackers or conduct a fireworks display.

‘The City or Municipal Government shall, in coordination with the
barangays in their jurisdiction, conduct massive advocacy and information
dissemination in the observance of the safety guidelines for fireworks or
pyrotechnic use and exhibition. It shall conduct roving inspections and
confiscate and destroy firecrackers and other pyrotechnic devices being sold to
the public which are prohibited by law.

SEC. 6. Prohibition on the Sale to Minors. ~ No firecrackers or other
pyrotechnic devices shall be sold to any person below eighteen (18) years of
age. Children using firecrackers and other pyrotechnic devices must be strictly
under adult supervision.

SEC. 7. Penalties. — a) Any person who violates Section 3 of this Act
shall be punished with a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00),
or imprisonment of not less than six (6) months but not more than three (3)


years, or both, at the discretion of the court, without prejudice to other civil or
criminal liability that may arise therefrom;

b) A manufacturer, dealer, distributor or seller who violates the provision
on the limitation on purchases under Section 4 of this Act and the prohibition
on the sale of firecrackers or pyrotechnic devices to minors under Section 6 of
this Act shall be punished with a fine of One hundred thousand pesos
(P100,000.00) and the revocation of its license permit;

c) Parents and guardians who shall knowingly instigate the purchase of
fireworks or pyrotechnic devices by their minor child or ward shall be punished
with a fine of Ten thousand pesos (P10,000.00).

SEC. 8. Administration and Enforcement. - The Department of the
Interior and Local Government thru the Philippine National Police shall be
primarily responsible for the administration and enforcement of this Act. It
shall transmit all cases for prosecution arising from violations of this Act to
proper government prosecutors for appropriate action.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act the Secretary of the Interior and Local
Government shall, after public hearing and consultation with the various
stakeholders in the firecrackers and pyrotechnic industry and representatives
of LGUs, promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 10. Separability Clause. - If any provision or part thereof is held
invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.

SEC. 11. Repealing Clause. -All laws, presidential decrees or issuances,
executive orders, letter of instruction, administrative orders, rules, and
regulations contrary to or inconsistent with the provision of this Act are hereby
repealed, modified, or amended accordingly.

SEC. 12. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general

circulation.

Approved,