Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS
First Regular Session

House Bill No.__ 2.1 5

Introduced By Hon. Rozzano Rufino B. Biazon

EXPLANATORY NOTE

Section 5 of Article 2 of the 1987 Constitution provides that “The maintenance of peace
and order, the protection of life, liberty and property, and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessing of democracy.”

Corrolarily, the State in the exercise of its police power may enact and impose such
reasonable measure that will prohibit all that is harmful to the comfort, safety and welfare of
society and its subjects.

The passage and implementation of laws, such as Republic Act No. 8294, regulating the
possession, manufacture, dealing in and acquisition or disposition of firearms, ammunition ot
explosives or instruments used in the manufacture of such are some of the means employed by
the State to comply with this constitutional mandate.

There has been an upsurge of crimes vitally affecting public order and safety due to the
proliferation of illegally possessed and manufactured firearms, ammunition, and explosives.
These criminal acts have resulted in loss of human lives, damage to property and destruction of
valuable resources of the country.

There are some provisions in said laws and presidential decrees which must be updated
and revised in order to be more effective deterrents to violations of the law on firearms,
ammunition and explosives.

The proposed measure will change the manner of penalty if the selling of firearms,
ammunition, explosives or any parts of components used in the manufacture of firearms,
ammunition or explosives of any member of the Armed Forces of the Philippines (AFP), or the
ypine National Police (PNP) or any law enforcement agency, and government officials shall
suffer the extreme penalty from reclusion perpetua to death.

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presentative
Lone District of Muntinlupa



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

215

House Bill No.

Introduced by Hon. Rozzano Rufino B. Biazon

AN ACT

PENALIZING THE PROVISION OF FIREARMS, AMMUNITIONS,
EXPLOSIVES, CHEMICAL, BIOLOGICAL OR NUCLEAR WEAPONS OR,
ANY PARTS OR COMPONENTS USED IN THE MANUFACTURE
THEREOF TO ENEMIES OF THE STATE

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

SECTION 1. Declaration of Policy. - It is the policy of the State to safeguard
national security and protect public safety. Towards this end, the government shall
institute measures to prevent and penalize the provision of firearms, ammunitions,
explosives, chemical, biological or nuclear weapons or any parts or components used in
the manufacture thereof to enemies of the State.

SEC. 2. Definition of Term. — For purposes of this Act, the term “Enemy of the
State” shall mean any individual or group of individuals who have commenced act(s) of
hostility constituting crime(s) against national security and the laws of nations and public
order as defined and penalized under Titles I and III, Book Two of the Revised Penal
Code: Provided, further, That the term “Enemy of the State” shall include persons,
natural or juridical, who commit acts of terrorism against innocent civilians regardless of
motivation.

SEC. 3. Prohibited Acts and Penalties. - It shall be unlawful for any person,
natural or juridical, to knowingly sell, transfer, or in any manner provide, directly or
indirectly, any firearms, ammunitions, explosives, chemical, biological or nuclear

weapons or any parts or components used in the manufacture thereof, to enemies of the


State. In cases where a juridical entity was used in the commission of such violations, the
owner, president, manager, director or other responsible officers of any public or private
firm, corporation or entity shall be held liable and responsible.

The Certificate of Incorporation of said corporation shall automatically be revoked
by the Securities and Exchange Commission upon finding probable cause for the
commission of any of the aforementioned prohibited acts against the owner, president,
manager, director or other responsible officers of any private firm, corporation or entity.

The penalty of reclusion perpetua to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) shall be imposed
upon any person who shall knowingly sell, transfer, or in any manner provide, directly or
indirectly, the following types of firearms and explosives to enemies of the State:

(1) Crew-served weapons;

(2) Light anti-tank weapons;

(3) Light machine guns;

(4) Anti-tank and anti-personnel recoilless rifles, bazookas;

(5) Submachine guns;

(6) Other high-powered firearms as determined under existing rules and
regulations;

(7) Substantial quantity of high explosives, as determined by implementing rules
and regulations, which include but are not limited to the following:

(a) “Composition Four;”

(b) Dynamite;

(©) Trinitrotoluene (TNT);

(@) Chlorates;

(e) Nitrates; and

(f) Chemicals with Nitric Acid Base including Detonators (Blasting Cap).
Provided, That the same penalty and fine shall be imposed upon any person found guilty
of committing any of the aforementioned illegal acts involving other high caliber

ammunitions, chemical, biological or nuclear weapons.


The penalty of reclusion temporal in its maximum period to reclusion perpetua and
a fine ranging from Two hundred thousand pesos (P200,000.00) to less than Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person found guilty of
committing any of the aforementioned prohibited acts involving firearms, ammunitions,
explosives, chemical, biological or nuclear weapons that are lower in caliber, as
determined under implementing rules and regulations.

Conspiracy or proposal to commit any of the aforementioned prohibited acts shall
also be punished by the penalty of prision mayor in its maximum period and a fine which
shall not exceed to One hundred fifty thousand pesos (P150,000.00).

SEC. 4. Failure to Report Prohibited Acts. — The penalty of reclusion temporal in
its maximum period to reclusion perpetua and a fine ranging from Two hundred
thousand pesos (P200,000.00) to less than Five hundred thousand pesos (P500,000.00),
shall be imposed upon any person who, having knowledge of any of the prohibited acts
mentioned in Section 3, who fail to report the same to the proper authorities.

SEC. 5. Implementing Rules and Regulations. - The Philippine National Police,
the National Bureau of Investigation and the Armed Forces of the Philippines shall
jointly issue the rules and regulations for the effective implementation of this Act within
ninety (90) days after its approval. ‘The appropriate committees of both Houses of
Congress shall be furnished copies of such rules and regulations within thirty (30) days
from the promulgation thereof.

SEC. 6. Repealing Clause. — All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with any of the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 7. Effectivity. — This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,