HOUSE OF REPRESENTATIVES
RECEIVED

ion pave, 11 JUL 2018

Republic of the hilippines tic: [Dam

Bouse of Representatives or fe
Quezon City, Metro Manila

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Seventeenth Congress

First Regular Session

1348

House Bill No.

introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Every New Year's Eve, incidents of injuries and deaths mar the festive
celebration of the occasion resulting not only from the careless lighting of
fireworks and firecrackers but also from the indiscriminate firing of firearms
into the air by civilians, and in many instances by members of the uniformed
service. Most of the hapless victims of the stray bullets fired from these
firearms are those merely enjoying the display of fireworks or engaged in
other merrymaking activities in the vicinity or confines of their residences. A
number of such victims in the more recent years have been children. What
was to be a time of festivity is turned into a nightmare that will haunt the
relatives and love ones of the victims for the rest of their
lives. Indiscriminate firing of firearm also takes place even on ordinary days.

Of a greater concern is the fact that a number of those caught
committing the offense are police officers, military personnel or members of
other law enforcement agencies of the government who use their licensed. or
issued firearms even when not on official duty or performing their official
functions. It is ironic that those who are sworn to preserve peace and
protect the people and are expected to know the protocols of proper gun
use and ownership are the ones who with impunity use their firearms
without regard to the well-being of others.


With these cases of stray bullets injuring or killing victims due to
indiscriminate firing of firearms, the clamor for the review and amendment
of existing laws on Discharge of Firearms and Alarms and Scandals are in
order.

At present, the act of illegal discharge of firearms is classified as a less
serious offense and subsumed under the crime of Alarms and Scandals
under Article 155 of the Revised Penal Code.

Brood

1) Any person who within any town or public place, shall discharge any

firearm, rocket, firecracker, or other explosive calculated to cause alarm
or danger;

It is punishable with arresto menor ( 1 day to 1 month imprisonment)
or a fine not exceeding P 200.00 pesos.

On the other hand, Article 254 of the same Penal Code particularly
prohibits unlawful Discharge of Firearms and imposes a higher penalty of
prision correccional in its minimum and medium periods ( 6 months and 1
day to 4 years and 2 months).

“Any person who shail shoot at another any firearm shail suffer the penalty of

prision correccional in its minimum and medium, 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 of which a higher penalty is
prescribed by any of the articles of this Code.’

However, the proscription specifically requires the element that the
offender shall shoot the firearm at another person to constitute the offense.
An element not present in the act of indiscriminate firing or illegal discharge
of firearms as perpetrated in the reported incidents. Moreover, there is no
law which defines and punishes the act of ‘indiscriminate firing’ of firearms.
Hence, there is a need to define by law the offense of ‘Indiscriminate
Discharge of Firearm’, and to prohibit and penalize the act with penalties
commensurate to the gravity of the harm and danger it can cause to persons
or things.

This bill seeks to define the offense as the act of any person of
“discharging or shooting any firearm without lawful authority, OR, in a
random, purposeless, aimless and indiscriminate manner that would


perchance endanger persons or things or affect public order and peace.’
Under the proposed measure, a penalty of four (4) years of imprisonment
shall be imposed on convicted offenders.

Two acts of shooting are penalized under the proposed offense: (1) the
act of shooting a firearm without lawful authority regardless of the manner
of committing the act; and, (2) the discharge of a firearm in the manner
described in the offense.

In contradistinction with the crime of Alarms and Scandals, the offense
of Indiscriminate Discharge of Firearm may be committed in any place and
not necessarily in a public place. While it is distinguishable with the offense
of unlawful Discharge of Firearm in that Indiscriminate Discharge of Firearm
does not require the act of shooting to be directed at a person.

As a further deterrent, if the shooting shall result to the death of a
victim, the penalty of reclusion perpetua shall be imposed. Furthermore, if
the shooting shall result to injuries to persons or damage to properties, the
resulting crimes shall be considered as distinct and separate offenses.

In order to discourage members of the uniformed services of the
government from committing the act, a higher penalty of six (6) years of
imprisonment shall be imposed upon them found guilty of the offense,
including the accessory penalties of summary dismissal from the service and
perpetual disqualification from holding any public office.

In addition to the foregoing penalties, any firearm license or permit
issued in favor of the offender shall be summarily cancelled or revoked.

Finally, this proposed measure seeks to include the offense of
“Indiscriminate Discharge of Firearm’ as among the offenses punishable
under Republic Act No. 10591, also known as “An Act Providing For A
Comprehensive Law On Firearms And Ammunition And Providing Penalties
For Violations Thereof’, a special law, and is the current comprehensive
legislation on matters relating to firearms and ammunition.



For the foregoing reasons, the immediate consideration and approval
of this bill is earnestly urged.

REWRESENTATIVE
2"°'DISTRICT, ANTIPOLO CITY


“snipes

Republic of the Philippines
House of Representatives
Quejon City, Metro Manila

Seventeenth Congress
First Regular Session

1348

House Bill No. -

Introduced by HON. ROMEO M. ACOP

AN ACT
DEFINING THE OFFENSE OF ‘INDISCRIMINATE DISCHARGE OF FIREARM’ AND
PROVIDING PENALTIES THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC
ACT NO 10591, OTHERWISE KNOWN AS “AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF”

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

SECTION 1. Republic Act No 10591, otherwise known as “An Act Providing For A
Comprehensive Law On Firearms And Ammunition And Providing Penalties For

Violations Thereof, is hereby amended by inserting a new Section 42 to read as
follows

SECTION 42. INDISCRIMINATE DISCHARGE OF FIREARM; DEFINITION;
PENALTIES; - ANY PERSON WHO SHALL DISCHARGE OR SHOOT ANY
FIREARM WITHOUT LAWFUL AUTHORITY OR IN A RANDOM, AIMLESS,
PURPOSELESS, OR INDISCRIMINATE MANNER THAT WOULD PERCHANCE
ENDANGER PERSONS OR THINGS OR AFFECT PUBLIC ORDER AND PEACE
SHALL SUFFER THE PENALTY OF FOUR (4) YEARS OF IMPRISONMENT.


IF THE SHOOTING SHALL RESULT TO THE DEATH OF A VICTIM, THE PENALTY
OF RECLUSION PERPETUA SHALL BE IMPOSED.

IF THE SHOOTING SHALL RESULT TO INJURIES TO PERSONS OR DAMAGE TO
PROPERTIES, THE RESULTING CRIMES SHALL BE CONSIDERED AS DISTINCT
AND SEPARATE OFFENSES.

IF THE OFFENDER SHALL BE A MEMBER OF THE NATIONAL POLICE, ARMED
FORCES OR ANY LAW ENFORCEMENT AGENCY AUTHORIZED BY LAW TO
BEAR ARMS, THE PENALTY OF SIX (6) YEARS OF IMPRISONMENT 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 OR REVOKED.

SECTION 2. Sections 42 to 47 of Republic Act No. 10591 are hereby renumbered
accordingly.

SECTION 3. Repealing Clause - All laws, decrees, rules and regulations
inconsistent with the provisions of this Act are hereby repealed, modified or amended
accordingly

SECTION 4. Effectivity Clause - This Act shall take effect fifteen (15) days after its
full publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved.