BY WENDELL VIGILIA
THE House has approved on final reading a
measure which seeks to deter the proliferation of street gangs
through a set of stiff penalties against members, recruiters and
anyone who commits gang-related crimes.
House Bill 5827 or the "Criminal Street Gang
Deterrence and Punishment Act of 2009" authored by Rep. Rufus
Rodriguez (PMP, Cagayan de Oro) defines criminal gangs as a
"formal or in formal group, club, organization or association of
three or more members who, alone or any combination thereof,
acts(s) or agree(s) to act in concert in order to commit two or
more predicate gang crimes."
"Predicate gang crime," it said, is "any
threat or act or attempted act or threat which is punishable
under the revised Penal Code and other special penal laws and
punishable by imprisonment of more than one year."
The bill said "predicate gang crimes" are
murder, attempted murder, gambling, kidnapping, robbery,
extortion, arson, obstruction of justice, burglary, sexual
assault, and carjacking.
Also considered gang crimes are tampering
with or retaliating against a witness, victim or informant, and
manufacturing, importing, distributing and possessing with
intent to distribute, or otherwise dealing in controlled
substance(s) or chemicals; or other similar offenses."
The measure provides the penalty of
imprisonment of not more than 10 years for people who will
"recruit, solicit, induce, employ, command or cause another
individual to gain entrance to, remain a member of or increase
his/her position in a criminal street gang or conspire to do so
with the intent that the said individual shall participate in
any offense described by this Act."
It proposes a 15-year imprisonment for
persons who will "employ, use, command, coerce, counsel,
persuade, induce or entice any individual to commit, cause to
commit or facilitate the commission of a 2 predicate gang crime
in furtherance of or in aid of the activities of a criminal
street gang."
In case the individual induced is a minor,
the recruiter will face imprisonment of not less than 10 years
but not more than 15 years and a fine set by the court.
The bill provides a stiffer 20-year
imprisonment for any person who shall" commit, conspire or
attempt to commit two or more predicate gang crimes in
furtherance of or in aid of the activities of a criminal street
gang."
However, a person who at the time of the
offense occupied a position of organizer, leader, supervisor,
manager or any other position of management or supervision in
the criminal street gang involved in such violation shall be
imprisoned for not less than 30 years or for life.
The bill also provides that any person who,
in furtherance or in aid of a criminal street gang, commits a
crime of violence against any individual, or conspires or
attempts to do so, shall be punished in addition and consecutive
to the punishment provided for any other violation as follows:
• Life imprisonment for murder, kidnapping
for ransom.
• 10 years for sexual assault
• Five years for maiming; assault with a
dangerous weapon or assault resulting in serious bodily injury;
attempting or conspiring to commit murder, kidnapping; and,
attempting or conspiring to commit a crime involving assault
with a dangerous weapon or assault resulting in serious bodily
injury,
Rodriguez, in the bill, said the crime
situation "has reached an alarming level despite enforcement of
supposedly stricter law enforcement measures."
He said the police have identified "hot spots" in Metro
Manila, or places where gangs often carry out criminal
activities.
