Title
Implementing Rules of RA 10344
Law
Dost
Decision Date
Jun 25, 2013
The Department of Science and Technology (DOST) implements regulations to enforce Republic Act No. 10344, which penalizes the unauthorized taking, tampering, or theft of government risk reduction and preparedness equipment, ensuring the protection of vital resources for disaster management.

Questions (DOST)

To prescribe the procedures and guidelines for the implementation of R.A. 10344, facilitate compliance, and achieve the objectives of the law.

They shall be strictly construed to attain the efficient and effective implementation of R.A. 10344.

Pieces of equipment/devices/parts that gather, transmit, store, archive, process, analyze data (meteorological, hydrological, oceanographic, geodetic, geological, volcanological, seismological) and disseminate information used for preparing and warning the public about weather, hydrological/oceanographic conditions, earthquakes, volcanic/tsunami activities, and similar natural phenomena.

DOST stands for the Department of Science and Technology.

It is included in the official list provided by the DOST, which shall be regularly updated.

It may include, among others: Weather Radar Surveillance System, Weather Monitoring System, Flood Monitoring Systems, Oceanographic Monitoring System, Earthquake Monitoring System, Volcano Monitoring System, Tsunami Monitoring and Warning Systems, Landslide Monitoring System, Radionuclide Monitoring Equipment, Hazards and Risk Assessment Equipment, and Information, Education and Communication Equipment.

The DOST and the NDRRMC shall jointly provide the complete list to all government agencies engaged in disaster preparedness.

(a) Steal, take, or possess any covered equipment or part; (b) sell or buy stolen equipment or parts; (c) tamper, dismantle, or disassemble the equipment/parts; (d) attempt to commit any prohibited acts; and (e) benefit from the proceeds or fruits of prohibited acts knowing they are derived from such acts.

It constitutes prima facie evidence that the equipment/part/accessory is the fruit of the offense, by the person benefited thereby.

Discovery and confiscation must be in accordance with the Rules of Court and must be personally witnessed and attested to by the concerned agency or its duly authorized representative or an officer of the law, as applicable.

An authorized representative is an employee of the concerned agency or designated by the agency to represent it. An officer of the law includes persons charged with maintaining public order and protecting life/property, such as barangay chairman/councilman, members of barangay brigades, barangay policeman, PNP policeman, municipal councilor, and municipal mayor.

A prima facie evidence of possession/control/custody without consent of the concerned agency is the basis for immediate confiscation and for holding inquest proceedings or preliminary investigation, then filing the case in court.

It shall immediately report the incident to the nearest Barangay or Police Station.

It must be placed in suitable storage, properly identified, sealed, and secured, and then subject to disposition in accordance with the Rules of Court.

Imprisonment of not less than 12 years but not more than 15 years, or a fine of not less than ₱1,000,000 but not more than ₱3,000,000, or both, at the discretion of the court.

Imprisonment of not less than 6 years but not more than 10 years or a fine of not less than ₱500,000 but not more than ₱1,000,000, or both at the court’s discretion.

Yes. The prosecution under R.A. 10344 bars prosecution arising from the same act under Articles 308, 309, 310, and 311 of the Revised Penal Code.

They take effect 15 days after publication in the Official Gazette or 2 newspapers of general circulation.


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