Article 254 of the Revised Penal Code: Discharge of firearms
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 11926 (Wording as amended by this law.)
What does Article 254 say?
(a) Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional 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 for which a higher penalty is prescribed by any of the articles of this Code.
(b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed.
(c) If the person who commits the offense provided in this Article is a member of the military and military auxiliary agencies, or law enforcement agencies, authorized to bear firearms and such discharge is not in the performance of official duties, the penalty one degree higher than that prescribed above shall be imposed and the offender may be held administratively liable.
In addition to the penalties imposed herein, any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit.
What does it mean in plain language?
Article 254 punishes two acts with a gun. Shooting at another person is punished by prision correccional in its minimum and medium periods, unless the facts make it attempted or frustrated homicide or murder. Wilfully and indiscriminately firing a gun, for example into the air on New Year's Eve, is punished by arresto mayor in its maximum period. Soldiers and law enforcers authorized to carry guns get a penalty one degree higher when the shooting is not part of their official duties, and every offender loses his firearm license for good.
The article was rewritten by Republic Act No. 11926 (2022). Before that law, the article covered only shooting at another person. Firing a gun to cause alarm was punished, more lightly, as alarms and scandals.
How does it work in real life?
Nonoy: celebrating New Year with a pistol
At midnight, Nonoy fires his licensed pistol into the air five times. Nobody is hurt. This can be indiscriminate discharge under Article 254(b): arresto mayor in its maximum period. His license is cancelled, and he can never be granted a firearm license again.
Rodel: a police officer at a party
Rodel, a police officer, does the same thing at a family party while off duty. The discharge is not in the performance of official duties, so Article 254(c) applies: the penalty is one degree higher than in paragraph (b). He may also face an administrative case.
Caloy: shooting at a rival
During an argument, Caloy fires at his neighbor and misses. This can be discharge of firearms under Article 254(a). But if the facts show attempted homicide or attempted murder, that crime is charged instead, because Article 254(a) gives way to crimes with a higher penalty. Which crime fits depends on the evidence.
What does this mean in practice?
- Firecrackers are separate. Rockets, firecrackers and other explosives remain under Article 155(1). See alarms and scandals.
- Harm caused can change the charge. Both paragraphs give way to a crime with a higher penalty. If a shot injures or kills someone, which crime is charged depends on the facts and the evidence. See homicide and serious physical injuries.
- Deadline. Under Article 90, crimes punishable by arresto mayor, such as paragraph (b), prescribe in five years. Crimes punishable by other correctional penalties, such as paragraph (a), prescribe in ten years.
- For the full guide, see the penalty for firing a gun on New Year.
What acts does Article 254 punish?
| Paragraph | Act | Penalty | Length |
|---|---|---|---|
| 254(a) | Shooting at another with any firearm | Prision correccional in its minimum and medium periods | 6 months and 1 day to 4 years and 2 months |
| 254(b) | Wilful and indiscriminate discharge of a firearm, or of a device usable as one | Arresto mayor in its maximum period | 4 months and 1 day to 6 months |
| 254(c) | (a) or (b) by a member of the military, a military auxiliary agency or a law enforcement agency authorized to bear firearms, not in the performance of official duties | One degree higher than the penalty above | Depends on the paragraph |
The lengths come from the duration table in Articles 27 and 76 of the Code.
Both (a) and (b) give way to a heavier crime. Under (a), if the facts show attempted or frustrated parricide, murder or homicide, or another crime with a higher penalty, that crime is charged instead. Under (b), the same applies to any other offense with a higher penalty.
What is indiscriminate firing?
Paragraph (b) was added by Republic Act No. 11926:
(b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed.
In plain terms, the act must be deliberate, and the shots are not fired at a particular person, as when someone fires into the air to celebrate. Shooting at a person falls under paragraph (a). The rule also covers devices not designed as firearms but usable as one.
What happens to the shooter's gun license?
The same law added a last paragraph that applies to every offender under the article:
In addition to the penalties imposed herein, any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit.
For members of the military or law enforcement agencies, paragraph (c) adds that they "may be held administratively liable" as well.
Frequently asked questions
What is the penalty for indiscriminate firing in the Philippines?
Under Article 254(b), as amended by Republic Act No. 11926, arresto mayor in its maximum period (4 months and 1 day to 6 months), unless the facts make out a crime with a higher penalty. The offender's firearm license is also cancelled.
What is the penalty for shooting at someone without hitting him?
Article 254(a) punishes shooting at another with any firearm with prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months), unless the act is frustrated or attempted homicide, murder, parricide or another crime with a higher penalty.
Is the penalty higher for police officers and soldiers?
Yes. Article 254(c) imposes the penalty one degree higher on members of the military, military auxiliary agencies or law enforcement agencies authorized to bear firearms, when the discharge is not in the performance of official duties.
Does the shooter lose his gun license?
Yes. The last paragraph says any firearm license or permit issued to the offender shall be summarily cancelled, and the offender is perpetually disqualified from getting one.
Does Article 254 cover devices that are not real guns?
Paragraph (b) covers any firearm or other device that may not have been designed as a firearm, but can be functionally used as one. Whether a particular device counts depends on the facts.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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