Law Summary

Introduction

Presidential Decree No. 401-A amends Presidential Decree No. 401, which addresses the illegal installation and tampering of water, electrical, and telephone connections. This amendment expands the scope to include the unauthorized installation of piped gas connections.

Purpose of Amendment

• Objective: To combat rampant illegal activities regarding the installation and theft of water, electricity, telephone services, and now piped gas.
• Context: The original decree did not cover piped gas connections, which are also considered theft and violate the objectives of the New Society.

Key Provisions

Section 1: Criminalization of Unauthorized Connections

• Legal Principle: Unauthorized installation or tampering of utilities is punishable by law.
• Key Definitions:
  • Unauthorized Installation: Installation of water, electrical, telephone, or piped gas connections without prior authority.
  • Tampering: Alteration or manipulation of meters or connections to facilitate theft.
• Requirements:
  • Prior authority must be obtained from relevant utility companies (Metropolitan Waterworks and Sewerage System, Manila Electric Company, Philippine Long Distance Telephone Company, Manila Gas Corporation).

Penalties and Consequences:

• General Penalty:
  • Upon conviction, offenders may face:
    • Prision correccional (minimum period)
    • Fines ranging from PHP 2,000 to PHP 6,000
    • Or both penalties.
• Increased Penalty for Officers/Employees:
  • If an offense is committed with the involvement of a utility officer or employee, penalties are heightened by one degree, and the individual will be dismissed and permanently disqualified from public or private utility employment.

Section 2: Repeal and Modifications

• Legal Principle: Any provisions in Presidential Decree No. 401 or other laws inconsistent with this decree are repealed, amended, or modified accordingly.

Section 3: Effectivity

• Effective Date: This decree takes effect immediately upon its promulgation.

Key Takeaways

• The amendment broadens the scope of illegal utility activities to include piped gas.
• Unauthorized connections or tampering with utility meters are subject to serious penalties, including imprisonment and significant fines.
• Utility employees involved in such illegal activities face harsher penalties and job disqualifications.
• The decree is effective immediately, reinforcing the urgency to address these illegal practices.