Title
Penalizing Theft of Gov't Risk Reduction Equipment
Law
Republic Act No. 10344
Decision Date
Dec 4, 2012
The Risk Reduction and Preparedness Equipment Protection Act aims to safeguard the environment and ensure the safety of citizens by prohibiting the theft, tampering, or unauthorized possession of government risk reduction and preparedness equipment, with severe penalties for violators.

Law Summary

Declaration of Policy

  • State policy is to protect people's right to a balanced and healthful ecology.
  • Encourages harmony between man and nature.
  • Government agencies must ensure citizen safety by installing information gathering devices.
  • These devices aid in disseminating risk reduction warnings and advice through national and local authorities.

Definition and Scope of Protected Equipment

  • The Department of Science and Technology (DOST), coordinating with PAGASA, PHIVOLCS, and NDRRMC, lists government risk reduction and preparedness equipment.
  • Equipment includes radars, weather forecasting tools, flood and seismic monitors, tsunami warning systems, and automated weather systems.
  • Such equipment gathers data used to warn the public about natural calamities like weather changes, earthquakes, volcanic activity, and tsunamis.
  • The list is regularly updated and shared with relevant government disaster preparedness agencies.

Prohibited Acts Concerning Protected Equipment

  • Unauthorized theft, possession, or taking of the equipment or parts thereof.
  • Selling or buying stolen equipment.
  • Tampering with, dismantling, or disassembling the equipment.
  • Attempts to commit these acts.
  • Benefiting from the proceeds derived from these prohibited acts with knowledge of their origin.

Prima Facie Evidence of Offense

  • Possession or custody of these government equipment without authority is prima facie evidence of involvement in a prohibited act.
  • Such equipment may be confiscated immediately from the unauthorized possessor.

Penalties Imposed

  • Stealing, unauthorized taking or possession, or selling/buying stolen equipment: 12-15 years imprisonment and/or fine of ₱1,000,000 to ₱3,000,000.
  • Tampering, dismantling, or disassembling equipment: 6-10 years imprisonment and/or fine of ₱500,000 to ₱1,000,000.
  • Attempting to commit prohibited acts: 6-8 years imprisonment and/or fine of ₱500,000 to ₱1,000,000.
  • Benefiting from proceeds of prohibited acts knowingly: 2-7 years imprisonment and/or fine of ₱200,000 to ₱500,000.
  • Offenders must also pay full cost of repair or replacement for damaged equipment.

Penalties for Government Officers or Employees

  • Government personnel assisting in the commission of prohibited acts face the same penalties as the principal offenders.
  • Such officials may be administratively dismissed after due process.
  • They lose all government benefits and are perpetually disqualified from public office.
  • Prosecution or conviction under this Act does not preclude filing charges under other laws like the Anti-Graft and Corrupt Practices Act, Code of Conduct, or Plunder laws.

Non-Applicability on Theft Provisions of the Revised Penal Code

  • Prosecution under this Act prevents prosecution under Articles 308, 309, 310, and 311 of the Revised Penal Code for the same act.

Public Education and Information Campaign

  • DOST and NDRRMC, in coordination with local governments and NGOs/POs, must conduct annual information dissemination and education campaigns.
  • Campaign targets public awareness on the adverse effects of unauthorized acts against equipment.
  • Encourages community-based solutions to prevent offenses.
  • Promotes safeguarding equipment within local jurisdictions.
  • Dissemination starts within 60 days of implementing rules and regulations approval.

Implementing Rules and Regulations

  • Secretary of Science and Technology, coordinating with NDRRMC, must issue implementing rules within 90 days from the law's effectivity.

Separability Clause

  • If any provision is declared invalid or unconstitutional, the rest of the law remains effective.

Repealing Clause

  • Laws and regulations inconsistent with this Act are repealed, amended, or modified accordingly.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or two national newspapers.

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