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HOUSE OF REPRESENTATIVES 1 Samar enna
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SEVENTEENTH CONGRESS ft fo

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First Regular Session

Mouse Bill No, 1133

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

Explanatory Note

‘Article XVIII, Section 24 of the Constitution declares that private armies and other groups not
recognized by duly constituted authority shall be dismantled. However, up until now, no law has
been enacted to penalize private armies and other armed groups. The culture of fear still prevails
especially during elections, brought about chiefly by the existence of local warlords and their
private armies. *

Politicians usually hire goons and build up private armies not only for their protection but also
for intimidation of opponents. The Philippine National Police (PNP) estimates that there are
3,779 numbers of PAGs in the country with also a total of 1,110,277 number of loose firearms. A
special military task force estimates that these private armies are responsible for 68 of the 98
deaths recorded in the 2001 elections. During the lasted 2013 elections, a reported 67 election
related incidents and 52 casualties in this election. Though there have been a number of
documented abuses committed by these groups but due to lack of clear-cut government policy
guidelines, they have not been curbed, instead, they have remained strong. Conversely, their
strength has rendered the State weak and unable to protect its citizenry.

This measure was filed by the Magdalo Party-List in the 16th Congress and was subsequently
referred to the Committee on Public Order and Safety.

In view of the foregoing, approval of this measure is eamestly sought.

|. GARYC, ALEJANO.


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1133

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO.

AN ACT

DEFINING "PRIVATE ARMIES AND OTHER ARMED GROUPS", IMPLEMENTING
THE CONSTITUTIONAL PROVISION FOR THEIR DISMANTLING, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

assembled:
1 SECTION 1. Short Title. - This Act shall be known as "The Anti-Private
2 Army Law of 2016".
3
4 See. 2. Declaration of Policy. - Private armies and other armed groups not
5 recognized by duly constituted authority shall be dismantled. Toward this end, the
6 following are prohibited:
7 a) maintenance and/use of private armies;
8 b) abuse of the utilization of the military and police personnel as security
9 detail;
10 c) abuse of various permits pertaining to firearms, as well as the unregistered
11 importation thereof;
12 ) utilization of the paramilitary forces and private security agencies as
13 private armies, and;
14 e) protection, financing, supplying or otherwise giving aid and comfort to
15 private armies.
16
7 SEC. 3. Definition of Terms. —
18 a) Private Army - is a group of at least ten (10) individuals, with a leadership
19 structure and weaponry, utilized for:
20 1, the commission of crimes;
21 2. the advancement/protection of vested political or economic interests of
2 an individual, family, clan or private group in an oppressive way, such
23 as by way of bodyguards, intimidation force, or mercenaries.


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b) This also refers to authorized government armed groups which no longer
possess strategic or tactical value in the maintenance and administration of peace and
order. This definition does not include rebel armies or units such as those of the CPP-
NPA-NDF; MNLF; and MILF. But it includes the so-called "lost commands", as
well, as paramilitary forces and private security forces utilized for the advancement.

©) Private Armed Group - is a group not recognized by duly constituted
authority, consisting of at least three (3) individuals with weaponry, utilized in the
same way as a private army;

d) "Recognized by the duly constituted authority" - means authorized by law
or in accordance with law, and operating according to law. This includes duly
registered private security agencies and gun clubs, as long as they are not utilized for
the advancement/protection of vested political or economic interests. But there are no
private armies recognized duly constituted authority;

¢) Dismantling - or "Paglalansag" in Filipino, refers to the disbandment,
disarming, demobilization or dissolution of private armies, as well as the arrest and
prosecution of those involved, or their voluntary surrender of firearms and
abandonment of their organization and activities;

f) Government Connection - cover the areas pertaining to government units,
civil service, the PNP and the AFP where officials and any personnel thereof are
found to be leaders, members, protectors, financiers or suppliers of private armies, or
are otherwise benefitting economically or psychologically from the existence or

ies thereof;

2) Leadership - pertains to personalities who maintain and/or use private
armies, control the actions or activities thereof, provide the direction or "brains"
thereof, or otherwise get the most economic or psychological advantage out of the
existence or activities thereof,

h) Membership - refers to those who directly participate in activities of
private armies without falling within the definition of leadership, are accomplices or
accessories as defined by the Revised Penal Code to the criminal activities thereof.

i) Weaponry - covers all types of weapons, firearms, explosives, and
ammunition used by private armies;

j) Financial and Logistical Resources - include all forms of transportation,
communication, safe houses, bank accounts, businesses, money-producing activities,
sources of weaponry, front organizations, etc., which private armies used to support

their existence or activities;


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‘SEC. 4, Penalties for Leaders and Members. -

a) Leaders - Any leader or private army or private armed group shall be
punished by imprisonment of not less than twelve (12) years and one (1) day nor
more than twenty (20) years, or by a fine of not less than Two Hundred Thousand
Pesos (P200,000.00) nor more than One Million Pesos (P1,000,000.00), or both such
imprisonment and fine, at the discretion of the court, taking all circumstances into
consideration;

b) Public Officer - If the leader is also a public officer, he shall, in addition,
be punished with perpetual absolute disqualification and subject to administrative
sanctions;

©) Juridical Person - If the leadership uses the veil or a juridical person, the
responsible officers thereof shall also be punished as leaders. In addition, its
registration, license or permit shall be cancelled or revoked;

d) Alien - If the leader is an alien, he shall, after serving its penalty, be
deported.

e) Protectors, Financiers, or Suppliers - shall be treated and punished as
leaders;

£) Members - Any member of the private army or private armed group shall
be punished by imprisonment of not less than six (6) years and one (1) day nor more
than twelve (12) years, or by a fine of not less than Fifty Thousand Pesos
(P50,000.00) nor more than Two Hundred Thousand Pesos (P200,000.00), or both
such imprisonment and fine, at the discretion of the court taking all circumstances
into consideration. If the member is also a public officer, he shall, in addition, be
punished with temporary absolute disqualification and subject to administrative

sanctions.

SEC. $. Confiscation of Weaponry. - All weaponry of private armies and
private armed groups shall be confiscated, whether licensed or not. The same shall be
disposed of under existing policies, particularly for firearms, explosives, and

ammunition.

SEC. 6. Abuse of Security Detail. - This shall include but not limited to the
following forms:

a) excess number of military or police personnel as security detail for Very
Important Persons (VIP) under existing policies;

b) utilization of an allowable security detail for the advancement/protection
of the vested political or economic interests, including for criminal or oppressive acts;

©) utilization of unauthorized personnel as security detail; and


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d) formation of so-called civil security units.

Those responsible shall be punished with imprisonment of not less than six (6)
years and one (1) day nor more than twelve (12) years, or by a fine of not less than
Fifty Thousand Pesos (P50,000.00) nor more than Two Hundred Thousand Pesos
(P200,000.00), or both such imprisonment and fine, at the discretion of the court,
taking all circumstances into consideration. If the offender is also a public officer, he

shall, in addition, be subject to administrative sanctions.

SEC. 7, Abuse of Firearms Permits. - This shall include but not limited to the
following forms:

a) a violation of existing policies on the ban on the carrying of firearms
outside of residence, issuance of Memorandum Receipts (MRs), Mission Orders
(MOs), and duty detail orders;

b) b. unauthorized issuance of MRs and MOs to carry firearms;

©) ¢. unauthorized acquisition of firearms by government units; and

4) d. unabated importation of firearms which are registered in accordance

with existing laws.

Those responsible shall be punished as in Sec. 5, without prejudice to liability

for illegal possession of firearms and violations of other applicable laws.

SEC. 8. Paramilitary Forces as Private Armies. - Paramilitary forces, such as
the CAFGU's and CVOs, utilized as private armies, or which no longer possess
strategic or tactical value in the maintenance and administrative of peace and order,
shall be immediately dismantled, demobilized or dissolved. Erring personnel shall be

immediately dismissed.

SEC. 9. Security Agencies as Private Armies. - Private security agencies
utilized as private armies shall likewise be dismantled or disarmed, and their
registration cancelled or revoked. Private security forces shall be regulated against
their utilization for the advancement protection of vested political or economic
interests beyond legitimate security needs. No public officer shall own or operate any
private security agency. A violation of the latter prohibition shall subject the public
officer to administrative sanctions and the private security agency to cancellation of

registration,


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SEC. 10. Priorities. - The DILG/PNP, DND/AFP, DOJ/NBI shall give
priority to dismantling of private armies to the following:

a) large and long-existing private armies;

b) private armies with government connections;

©) paramilitary forces and private security forces utilized as private armies;

d) private armies with formidable weaponry and financial/logistical sources;
and

€) leaders, protectors, financiers and suppliers of private armies.

SEC. LL. Sanction on Unit Commanders and Heads. - Unit commanders or
heads of law enforcement units who are negligent in dismantling private armies in

their respective areas of responsibility shall be subject to administrative sanctions.

SEC. 12. Incentives. - The full range of incentives shall be applied to
dismantling of private armies, including but not limited to the following:

a) rewards and incentives to government witnesses and informants;

b) immunity from criminal prosecution to government witnesses;

c) state witness rule;

4) witness protection program;

©) non-prosecution for voluntary surrender of weaponry and voluntary
disbandment within a specified period;

f) incentives for voluntary surrender of firearms as in the "balik-baril”
program; and

g) promotion and incentives for meritorious action of law enforcement units.

SEC. 13. System of Monitoring. - There shall be set into a system of
monitoring the following, among others:

a) surrendered or confiscated weaponry and financial/logistical resources;

b) surrendered and demobilized members especially with connections to or in
connection with the AFP, PNP, CAFGUs, CVOs, and the like;

©) security detail for the VIPs; and

d) various permits to pertaining to firearms, including importation thereof.

SEC. 14, Special Prosecutors. - The DOJ, in coordination with the Regional
State Provincial and City Prosecutors, shall designate at least two (2) special
prosecutors per province and city to handle prosecution under this Act.


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SEC. 13. Jurisdiction, - The Regional Trial Courts shali have original and
exclusive jurisdiction overall case involving offenses punishable under this Act. The
Supreme Court may also designate at least two (2) special branches of the RTC per

province and city to hear such cases.

SEC. 16, Oversight Committee, - Within thirty (30) days upon the removal of
this Act, there shall be formed an Oversight Committee composed of the following;

Chairperson Secretary, DILG
Members Secretary, DND
Secretary, DOJ

Presidential Adviser on the Peace Process
Director-General, PNP
Chief-of-Staff, AFP
Director, NBI
Two (2) Senators (designated by the Senate President)
Two (2) Representatives (designated by the Speaker)

‘SEC, 17, Implementing Rules. - Within thirty (30) days form the formation of
the Oversight Committee, it shall issue the necessary rules and regulations for the
effective implementation of this Act without prejudice to the implementation of

provisions that do not need implementing rules.

SEC. 18. Appropriations, - The amount necessary for the dismantling of
private armies shall be charged to the appropriation of the DILG under the current
General Appropriations Act. Thereafter, such amount as may be necessary for the
continued dismantling of private armies shall be included in the annual GAA.

SEC. 19. Separability Clause. — If for any reason, any section ot provision of
this Act, or any portion thereof, or the application of such section, provision, or
portion thereof to any person, group or circumstances is declared invalid or

‘unconstitutional, the remainder of this Act shall not be affected by such declaration.

SEC. 29. Repealing Clause. - All laws, decrees, orders, rules, and ordinances

inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 21. Effectivity. - This Act shall take effect immediately following its
publication in at the Official Gazette or in at least two (2) national newspapers of

general circulation.

Approved,