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    Reclusion Perpetua 1

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    Maxine
    This proposed bill aims to amend the Philippines' Revised Penal Code to increase penalties for the willful or indiscriminate discharge of firearms. Currently, such acts are penalized too lightly as a minor offense. The bill proposes stiffer prison terms including reclusion temporal (maximum imprisonment) for law enforcement who discharge firearms outside of their duties. It also includes the penalty of reclusion perpetua (life imprisonment) if such discharge results in death. The goal is to set stronger deterrents against illegal firearm use and reduce related deaths, especially of children, in the country.

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    © All Rights Reserved
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    Reclusion Perpetua 1

    Uploaded by

    Maxine
    46 views3 pages
    This proposed bill aims to amend the Philippines' Revised Penal Code to increase penalties for the willful or indiscriminate discharge of firearms. Currently, such acts are penalized too lightly as a minor offense. The bill proposes stiffer prison terms including reclusion temporal (maximum imprisonment) for law enforcement who discharge firearms outside of their duties. It also includes the penalty of reclusion perpetua (life imprisonment) if such discharge results in death. The goal is to set stronger deterrents against illegal firearm use and reduce related deaths, especially of children, in the country.

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    This proposed bill aims to amend the Philippines' Revised Penal Code to increase penalties for the willful or indiscriminate discharge of firearms. Currently, such acts are penalized too lightly as a minor offense. The bill proposes stiffer prison terms including reclusion temporal (maximum imprisonment) for law enforcement who discharge firearms outside of their duties. It also includes the penalty of reclusion perpetua (life imprisonment) if such discharge results in death. The goal is to set stronger deterrents against illegal firearm use and reduce related deaths, especially of children, in the country.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    46 views3 pages

    Reclusion Perpetua 1

    Uploaded by

    Maxine
    This proposed bill aims to amend the Philippines' Revised Penal Code to increase penalties for the willful or indiscriminate discharge of firearms. Currently, such acts are penalized too lightly as a minor offense. The bill proposes stiffer prison terms including reclusion temporal (maximum imprisonment) for law enforcement who discharge firearms outside of their duties. It also includes the penalty of reclusion perpetua (life imprisonment) if such discharge results in death. The goal is to set stronger deterrents against illegal firearm use and reduce related deaths, especially of children, in the country.

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    © All Rights Reserved
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    •

    SENATE OF THE PHILIPPINES ) ,iett~\>


    ..ff,;t "I I~. Jio,......,
    &1XTEENTH CONGRESS )
    Fil'R.t Regular Session )

    SENATE
    '13 AlMi -6 P4 :55

    Senate Bill No.


    1223 IUlCIW;ED BY:

    T (.
    Introduced by SENATOR JOSEPH VICTOR G. EJERCITO

    EXPLANATORY NOTE

    This proposed measure aims to provide stiffer penalties for willful


    or indiscriminate discharge of firearms, thereby amending for the
    purpose our Revised Penal Code.

    While illegal discharge of firearms is already penalized under the


    Revised Penal Code, the penalties under the law are very light. Under the
    existing law, any person who shall discharge any firearm may be
    prosecuted under Article 155 (Alanns and Scandals) of the Penal Code,
    and penalized with imprisonment of thirty (30) days or a fine not
    exceeding Two Hundred Pesos (P 200.00). This penalty does not deserve
    as a deterrent from willful or indiscriminate discharge of firearms.

    If we should look on the records of the Philippine National Police


    through its Firearms and Explosive Division, there are about 1.4
    registered guns in the country. However, the loose firearms or the illegal
    and unlicensed guns reach to about 4 million being carried around by
    civilians and criminals.

    Yes, we hear about persons being shot for no reason. But, what is
    becoming more alarming is that these cases no longer involve criminals
    or private individuals but policemen and members of the armed forces.
    Victims of indiscriminate discharge of firearms continue to file up. The
    indiscriminate discharge of firearms especially during festivities is widely
    condemned because of the loss of lives of innocent people especially
    children.

    Under the proposed measure, any person, who shall willfully and
    indiscriminately discharges any firearm, or other weapon, in any public
    place or in any place where there is any person or property to be
    endangered thereby shall suffer the penalty of prision correctional in its
    maximum period. Likewise, if the person who willfully or indiscriminately
    discharges any firearm, is a member of the Philippine National Police or
    Armed Forces of the Philippines, or a law enforcement officer, the penalty
    of reclusion temporal in its maximum period shall be imposed. And lastly,
    if the willful and indiscriminate discharge of firearm results in the death
    of a person, the penalty of reclusion perpetua shall be imposed.

    In view of the foregoing, approval of this bill is fervently sought.


    ~<sG=' :
    JOSEPH VICTOR G. EJERCITO
    ,.."atf
    (t(11: • • f .1I.,;io.mt.,t
    SENATE OF THE PHILIPPINES )
    SIXTEENTH CONGRESS )
    First Regular Session )
    '13 Alii -6 P4 :55

    SENATE
    1 223
    Senate Bill No. _ _ __

    Introduced by SENATOR JOSEPH VICTOR G. EJERCITO

    AN ACT PROVIDING FOR STIFFER PENALTIES FOR WILFUL OR


    INDISCRIMINATE DISCHARGE OF FIREARMS, AMENDING FOR THE
    PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
    THE REVISED PENAL CODE

    Be enacted by the Senate and the House of Representatives of the


    Philippines in Congress assembled:

    SECTION 1. Article 155 of Act No. 3815 is hereby amended to read


    as follows:

    " ARTICLE 155. Alarms and Scandals. - The penalty of arresto


    menor or a fine not exceeding 200 pesos shall be imposed upon:

    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;

    xxx xxx XXX"

    SECTION 2. Article 254 of the same Act is also hereby amended to


    read as follows:

    " ARTICLE 254. Discharge of Firearms. - Any person who shall


    shoot at another any firearm shall suffer the penalty of pnSlOn
    correctional in its minimum and medium periods, 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.

    ANY PERSON WHO SHALL WILFULLY AND INDISCRIMINATELY


    DISCHARGE ANY FIREARM, OR OTHER WEAPON, IN ANY PUBLIC
    PLACE OR IN ANY PLACE WHERE THERE IS ANY PERSON OR
    PROPERTY TO BE ENDANGERED THERE SHALL SUFFER THE
    PENALTY OF PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD,
    UNLESS THE FACTS OF THE CASE CAN BE HELD TO CONSTITUTE
    ANY OTHER CRIME OF WHICH A HIGHER PENALTY ID PRESCRIBED
    BY ANY OF THE ARTICLES OF THIS CODE.

    IF THE PERSON WHO WILFULLY AND INDISCRIMINATELY


    DISCHARGES ANY FIREARM, IS A MEMBER OF THE PHILIPPINE
    NATIONAL POLICE, ARMED FORCES OF THE PHILIPPINES OR A LAW
    \
    ( Co , ... -..~' " ...

    ENFORCEMENT OFFICER, AND SUCH DISCHARGE IS NOT IN THE


    PERFORMANCE OF OFFICIAL DUTIES, THE PENALTY OF RECLUSION
    TEMPORAL IN ITS MAXIMUM PERIOD SHALL BE IMPOSED.

    IF THE WILFUL AND INDISCRIMINATE DISCHARGE OF FIREARM


    RESULTS IN INJURIES CAUSING THE DEATH OF A PERSON, THE
    PENALTY OF RECLUSION PERPETUA SHALL BE IMPOSED."

    SECTION 3. This Act shall take effect fifteen (15) days after its
    publication in the Official Gazette or in two (2) newspapers of general
    circulation.

    Approved,

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