Legal basis, policy, and construction
- Section 10 of Republic Act No. 10344 is the legal basis for issuing these implementing rules.
- The rules establish procedures and guidelines to facilitate compliance with Republic Act No. 10344 and to achieve its objectives.
- The rules must be strictly construed to attain efficient and effective implementation of R.A. 10344.
- The State policy is to protect the people’s right to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
- Government agencies must institute measures to ensure safety of citizens and their properties through installation of data and information gathering devices and a network of national and local authorities to disseminate risk reduction warning and advice.
Defined terms and coverage of equipment
- “ACT” refers to Republic Act No. 10344 (the Risk Reduction and Preparedness Equipment Protection Act).
- “DOST” refers to the Department of Science and Technology.
- “NDRRMC” refers to the National Disaster Risk Reduction and Management Council, including other member agencies and organizations of the Council.
- “PAGASA” refers to the Philippine Atmospheric, Geophysical and Astronomical Services Administration.
- “PHIVOLCS” refers to the Philippine Institute of Volcanology and Seismology.
- “Government Risk Reduction and Preparedness Equipment, Accessories and Other Vital Facility Items or Parts” refers to pieces of equipment or devices or parts that gather, transmit, store, archive, process, and analyze specified scientific and disaster-related data, and disseminate information used for preparing and warning the public about weather, hydrological and oceanographic conditions, earthquake, volcanic or tsunami activities and similar natural phenomena.
Government equipment list and dissemination
- A regularly updated official list from the DOST includes government risk reduction and preparedness equipment and other vital facility items.
- The list includes, among others:
- 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
- The detailed lists of instruments and equipment are provided in Appendix A for PAGASA and PHIVOLCS and in Appendix B for NDRRMC, and these appendices form an integral part of the rules.
- The DOST and NDRRMC jointly provide the complete list to all government agencies engaged in disaster preparedness.
Prohibited acts against protected equipment
- Protected government risk reduction and preparedness equipment, accessories, other vital facility items, and parts must be protected at all times.
- Any person—natural or juridical, private or public—is unlawful if the person:
- Steals, takes, or possesses any equipment or part enumerated in the rules
- Sells or buys stolen equipment or any part thereof
- Tampers, dismantles, or disassembles the equipment or any part thereof
- Attempts to commit any of the prohibited acts
- Benefits from the proceeds or fruits of the prohibited acts knowing the proceeds or fruits are derived from those prohibited acts
Prima facie evidence and confiscation procedures
- Possession, control, or custody by any person of any protected equipment or part enumerated in the rules without proper authority or consent of the concerned agency constitutes prima facie evidence that the instrument or part is the fruit of the offense committed by the person who benefited.
- A prima facie evidence finding requires discovery and confiscation in accordance with the Rules of Court, and it must be personally witnessed and attested to by the concerned agency or its duly authorized representative, or by an officer of the law, depending on the case.
- The burden of proof rests on the party to present evidence necessary to establish the defense that the confiscated equipment is not a government property.
- An authorized representative is an employee of the concerned agency or someone designated by the agency to represent it.
- An officer of the law includes persons charged with maintenance of public order and protection and security of life and property, such as:
- barangay chairman
- barangay councilman
- officers or members of Barangay Community Brigades
- barangay policemen
- PNP policemen
- municipal councilors
- municipal mayors
Confiscation, reporting, and disposition of evidence
- A prima facie evidence of possession, control, or custody without consent serves as the basis for:
- immediate confiscation from the person in possession, control, or custody; and
- inquest proceedings or preliminary investigation, as the case may be, by the prosecutor and the subsequent filing in court of the pertinent information.
- Upon discovery of protected equipment and the circumstances under the rules, the concerned agency or its duly authorized representative must immediately report the incident to the nearest Barangay or Police Station.
- Upon confiscation, the stolen, tampered, dismantled, or disassembled equipment must be placed in suitable storage, properly identified, sealed and secured, and then be subject to disposition under the Rules of Court.
Penalties and consequences for offenders
- For stealing or unauthorized taking/possession without authority, or selling/buying with intent to gain of any protected equipment or part, the penalty is:
- imprisonment of not less than twelve (12) years but not more than fifteen (15) years, or
- a fine of not less than PHP 1,000,000.00 but not more than PHP 3,000,000.00, or
- both imprisonment and fine at the discretion of the court.
- For unauthorized tampering, dismantling, or disassembling, the penalty is:
- imprisonment of not less than six (6) years but not more than ten (10) years, or
- a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00, or
- both imprisonment and fine at the discretion of the court.
- For attempts to commit any prohibited acts, the penalty is:
- imprisonment of not less than six (6) years but not more than eight (8) years, or
- a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00, or
- both imprisonment and fine at the discretion of the court.
- For unlawfully benefiting from proceeds or fruits of the prohibited acts knowing they were derived from commission of the prohibited acts, the penalty is:
- imprisonment of not less than two (2) years but not more than seven (7) years, or
- a fine of not less than PHP 200,000.00 but not more than PHP 500,000.00, or
- both imprisonment and fine at the discretion of the court.
- If a partnership, firm, corporation, association, or legal entity commits any prohibited act, the penalty is imposed on the president, manager and each of the officers who knowingly permitted, failed to prevent, or was otherwise responsible for the offense.
- If a government officer or employee commits the prohibited acts, in connivance with them, or through their assistance, the officer or employee must suffer the same penalty imposed on the person who committed the prohibited act.
- Without prejudice to applicable criminal sanctions, the government officer or employee must, after due notice and hearing, be administratively dismissed under the Revised Rules on Administrative Cases in the Civil Service (RRACCS) and must have benefits forfeited, and must be perpetually disqualified from holding any public office.
- In addition to criminal penalties, the court shall impose payment of the full cost of repair or replacement of the protected equipment or part that is the object of the crime.
- The prosecution or conviction under Republic Act No. 10344 does not bar filing of cases for violations of:
- Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)
- Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
- Republic Act No. 7080 (Crime of Plunder)
- and other laws
Public education and media dissemination
- The DOST and NDRRMC must, at least once a year, in coordination with the Philippine Information Agency (PIA), LGUs, and NGOs or POs, disseminate information and conduct continuing education on the provisions of Republic Act No. 10344 through media and other lawful means.
- The continuing education and dissemination must commence within sixty (60) days from the approval of these implementing rules and regulations.
- The information dissemination and continuing education must:
- develop public awareness of the ill effects of unlawful taking or stealing, tampering, and buying and selling of stolen protected equipment, accessories and other vital facility items or parts
- develop awareness of community-based solutions to prevent the occurrence of the offense
- encourage and involve the public, NGOs, and POs to safeguard and protect protected equipment within their areas of jurisdiction
- tap all government information agencies and media facilities, in coordination with private media agencies, to assist dissemination of government risk reduction instruments, parts and accessories covered or protected under the act
Theft provisions of the Revised Penal Code
- Prosecution under Republic Act No. 10344 bars prosecution arising from the same act under Articles 308, 309, 310 and 311 of the Revised Penal Code.
Repeal, separability, and modification
- All circulars, memoranda, executive orders, rules and regulations, or parts thereof, inconsistent with the rules are repealed, amended, or modified accordingly.
- If any part or provision of the rules is declared invalid or unconstitutional, the remaining provisions or parts not affected remain in full force and effect.