MARCH 31, 2015

NR # 3787

Life sentence for indiscriminate firing of firearms resulting in death

Still nine months away, lawmakers expressed concern over the possibility of injuries and
deaths due to senseless indiscriminate firing during New Year celebrations.
Despite tragic stories every start of the year, one is left speechless as to why this problem
remains unsolved, Rep. Teddy Brawner Baguilat, Jr. (Lone District, Ifugao) lamented.
Baguilat, author of HB 5374, is one of the lawmakers proposing stiffer penalties for
willful or indiscriminate discharge of firearms, amending for the purpose Act No. 3815, as
amended, otherwise known as the Revised Penal Code.
The Ifugao lawmaker noted that every time New Year is celebrated, we always encounter
stories of innocent people dying from senseless indiscriminate firing committed by individuals
who do not care about the consequences of their action.
In 2015 alone, there were sixty-one (61) victims injured due to stray bullets. Eleven-year
old Stephanie Nicole Ella died because of this, Baguilat lamented.
A similar bill, HB 1694, authored by Rep. Karlo Alexei B. Nograles (1 st District, Davao
City), has been filed way back in 2013 -- both measures are now under consideration by the
House Committee on Public Order chaired by Rep. Jeffrey P. Ferrer (4 th District, Negros
Occidental).
Stiffer penalties should be imposed for illegal discharge of firearms so as to prevent
deaths or injuries resulting from such reckless acts by thoughtless individuals who have no regard
for the safety of others, Nograles said.
Under HB 5374, Baguilat is proposing to insert the following provisions in Article 254 of
Act No. 3815: Any person who shall willfully and indiscriminately discharge any firearm, or
other weapon, in any public place where there is any person or property to be endangered thereby
shall suffer the penalty of prision correcccional (6 months and one day to 6 years
imprisonment), in its maximum period, unless the facts of the case can be held to constitute any
other crime of which a higher penalty is prescribed by any of the Articles of this code.
If the person who willfully and indiscriminately discharged a firearm, is a member of the
Philippine National Police, Armed Forces of the Philippines or a law enforcement officer, and
such a discharge is not in the performance of official duties, the penalty of reclusion temporal (12
years and one day to 20 years), in its maximum period shall be imposed, HB 5374 also provides.
Furthermore, Baguilats measure provides that If the willful and indiscriminate discharge
of firearm results in injuries causing the death of a person, the penalty of reclusion perpetua shall
be imposed, (30) dpt