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

SIXTEENTH CONGRESS
First Regular Session

House BILLNo._ 2423

Introduced by Representative Harlin Cast. Abayon
First District of Northern Samar

EXPLANATORY NOTE

‘The Philippines is rated second in terms of the number of firearms that are smuggled into Japan.
. The Philippines is also a final destination of

It is a producer and shipper of smuggled firear
smuggled 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 southern backdoor. Certainly, the problem brought about by firearms
smuggling poses a serious threat not only to the peace and 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 16% Congress.

HARLIN CAST. ABAYON
Representative
First District of Northern Samar


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

SIXTEENTH CONGRESS
First Regular Session

House BiLLNo,__1423

Introduced by Representative Harlin Cast. Abayon
First District of Northern Samar

ANACT
DEFINING THE CRIME OF FIREARMS SMUGGLING, PROVIDING PENALTIES
‘THEREFORE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House o f Representatives o,f the Philippines in Congress Assembled

SECTION 1. Short Title. This Act shall be known as the "Anti-Firearms Smuggling Act of 2013."

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 not only of its citizens but also the
citizens of the country where such firearms are illegally brought. Towards this end, firearms smuggling
is hereby made an offense and provided with stiffer penalties for the purpose of preventing if not totally
eradicating the evils accompanying the same.

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 from, the Philippines, or assist in so doing, any
firearm or parts thereof, explosive or ammunition or machine, implements, equipments 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 parts thereof, explosive or ammunition or machine, implements,
‘equipments 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 all other deadly weapons from which a bullet, ball, shot, shall or
other missile may be discharged by means of gunpowder or other explosives. The term also
includes air rifles and air pistols not classified as toys under 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 a 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, molotov
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 part 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.
4d) "Ammunition' - rofers to loaded shells for rifles, muskets, carbines, shotguns, revolvers,
pistols 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 persons organized for the purpose of engaging in

firearms smuggling.

SECTION 4. Acts Constituting the Crime of Firearms Smuggling. - It shall be unlawful for any

person or group of persons to commit any of the following acts:

1. To fraudulently import or bring into the Philippines, or assist in so doing, any firearm or parts


thereof, explosive or ammunition or machine, implements, equipments or tools for the manufacture of

firearm, ammunition or explosive;

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

firearm, 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 firearm, ammunition or explosive or to cause said fraudulent importation or

exportation;

4. To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and entry or exit documents from government agencies or officials that are mandated to
conduct examinations and inspections of cargoes, cartoons, baggage, other containers, cloths or things
where the 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 (Php 5,000,000.00) shall be imposed
upon:

a.) 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 firearm to any person;

b.) Any person who procures, processes, sells 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 aircraft who
knowingly and intentionally carries smuggled firearms, ammunitions or explosives departing from or
centering 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.

4.) Any person who belongs to a syndicate engaged in firearms smuggling, or to the illegal dealers or
manufacturers of firearms, ammunitions or explosives, or when the smuggled firearms, explosives ot
ammunitions were used, intended, or 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 official 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
cognizance of the case shall exercise jurisdiction to the exclusion of other courts.

t taking

SECTION. 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 measures for the prevention of firearms smuggling. For this purpose, the following


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

(a) Department 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 o f the smuggled firearms.

(©) Department of Justice (DOJ) - shall initiate the filing of complaints involving smuggled

firearms and ensure the effective prosecution of guilty parties.

SECTION 9. Reporting Requirements. - The concerned 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 provisions of this Act shal be
charged against the current year's appropriation or savings of the respective agencies concerned.
‘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 or 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,