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.