Extension of PD 401 to Water, Gas, Electric, Telephone

Batas Pambansa Blg. 876
Batas Pambansa Blg. 876 amends Presidential Decree No. 401 to include all authorized water, gas, electric, and telephone utilities, making it illegal to install connections without prior authorization or to tamper with meters or steal utility resources, with violators facing imprisonment or fines.

Legal basis and how PD 401 is amended

  • Section 1 amends the fourth paragraph of Presidential Decree No. 401 to expand its coverage to authorized utilities for water, gas, electricity, and telephone.
  • The amended decree paragraph is framed by the President’s constitutional authority and references Proclamation No. 1081 dated September 21, 1972 and General Order No. 1 dated September 22, 1972, as amended.
  • The amended criminal penalties expressly remain “without prejudice to the provisions of Presidential Decree No. 1612” (Section 1).

Coverage: authorized utilities covered

  • Section 1 covers “any person” who acts in relation to water, gas, electrical, or telephone connections.
  • Coverage applies when the connection is installed without previous authority from any authorized public utility, or service entity concerned, whether government or privately owned (Section 1).
  • Coverage applies to conduct involving water, gas, electrical or telephone meters, devices, wires, piped gas pipes or conduits, and poles (Section 1).
  • The law targets theft and tampering connected to authorized utilities and service entities (Section 1).

Prohibited acts and conditions triggering liability

  • Installing a water, gas, electrical, or telephone connection without previous authority from an authorized public utility or service entity concerned is punishable (Section 1).
  • Tampering and knowingly using tampered water, gas, or electric meters or other devices whereby water, gas, or electricity is stolen is punishable (Section 1).
  • Stealing water, gas, electric and/or electric meter or water, gas, electric and/or telephone wires is punishable (Section 1).
  • Stealing piped gas pipes or conduits and poles is punishable (Section 1).
  • Knowingly possessing stolen water, gas, and/or electric meters, as well as stolen water, gas, electric and poles, is punishable (Section 1).
  • Knowingly possessing stolen water, gas, and/or electric meters is punishable (Section 1).

Criminal penalties for violators

  • Upon conviction, a violator is punished by prision correccional in its minimum period or a fine ranging from two thousand to six thousand pesos, or both (Section 1).
  • The penalties apply to “any person” who commits any of the prohibited acts stated in Section 1 (Section 1).
  • The law preserves the operation of Presidential Decree No. 1612 by stating the penalties are “without prejudice” to it (Section 1).

Penalties for utility or service employees/officers

  • If the violation is committed with the connivance or permission of an employee or officer of the utility or service entity concerned, that employee or officer is punishable upon conviction by prision correccional (Section 1).
  • If the violation is committed with the connivance or permission of an employee or officer, that employee or officer is also forthwith be perpetually disqualified from employment in any public or private utility or service company (Section 1).

Repeal of inconsistent rules

  • Section 2 repeals or amends, accordingly, all laws, orders, rules and regulations, or parts thereof, that are inconsistent with Batas Pambansa Blg. 876.

Transitory and effectivity rule

  • Section 3 provides that Batas Pambansa Blg. 876 takes effect upon its approval (Section 3).

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