QuestionsQuestions (DOST)
The IRR is adopted pursuant to Section 10 of RA 10344. It is promulgated by the DOST in coordination with the National Disaster Risk Reduction and Management Council (NDRRMC).
To prescribe the procedures and guidelines for implementing RA 10344 in order to facilitate compliance and achieve the law’s objectives.
It states the Rules “shall be strictly construed” to attain the efficient and effective implementation of RA 10344.
Pieces of equipment/devices/parts that gather, transmit, store, archive, process, and analyze specified data (meteorological, hydrological, oceanographic, geodetic, geological, volcanological, seismological) and disseminate information used for preparing and warning the public about relevant natural phenomena.
Examples include: 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; Information, Education and Communication Equipment.
DOST provides the official list (regularly updated), while Appendix A and Appendix B provide detailed lists for PAGASA and PHIVOLCS and NDRRMC respectively.
Rule III, Section 2 requires DOST and NDRRMC to jointly provide the complete list to all government agencies engaged in disaster preparedness.
It is unlawful for any person, natural or juridical (private or public) to: (a) steal/take/possess; (b) sell or buy stolen equipment; (c) tamper/dismantle/disassemble; (d) attempt any of the above; and (e) benefit from the proceeds/fruits knowing they come from the prohibited acts.
It constitutes prima facie evidence that the equipment (or part/accessory) is the fruit of the offense, by the person benefited thereby.
The 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.
The burden of proof rests on the party who must present evidence to establish the defense that the confiscated equipment is not government property.
The concerned agency (or duly authorized representative) must immediately report the incident to the nearest Barangay or Police Station. If confiscated, the equipment must be placed in suitable storage, properly identified, sealed, and secured, and then disposed of according to the Rules of Court.
It becomes the basis for (a) immediate confiscation from the person in possession/control/custody and (b) holding of inquest proceedings or preliminary investigation, and later filing in court of the pertinent information.
Stealing/unauthorized taking/possession or selling/buying with intent to gain: imprisonment of 12 to 15 years or fine of P1,000,000 to P3,000,000, or both. Tampering/dismantling/disassembling: imprisonment of 6 to 10 years or fine of P500,000 to P1,000,000, or both.
Attempt: imprisonment of 6 to 8 years or fine of P500,000 to P1,000,000, or both. Unlawfully benefiting knowing the proceeds/fruits come from prohibited acts: imprisonment of 2 to 7 years or fine of P200,000 to P500,000, or both.
Yes. Rule VI, Section 5 states that prosecution or conviction under RA 10344 shall not bar filing of cases for violations of RA 3019 (Anti-Graft), RA 6713, RA 7080 (Plunder), and other laws.
Rule VIII, Section 1 provides that prosecution under RA 10344 bars any prosecution arising from the same act under Articles 308–311 of the Revised Penal Code.
If the prohibited acts are committed by or in connivance with or through the assistance of a government officer/employee, the officer/employee suffers the same penalty upon conviction. Administratively, after due notice and hearing, the officer/employee is administratively dismissed from the service under the Revised Rules on Administrative Cases in the Civil Service (RRACCS), with forfeiture of benefits, and is perpetually disqualified from holding any public office.