Title
Implementing Rules of RA 10344
Law
Dost
Decision Date
Jun 25, 2013
The Department of Science and Technology (DOST) implements regulations to enforce Republic Act No. 10344, which penalizes the unauthorized taking, tampering, or theft of government risk reduction and preparedness equipment, ensuring the protection of vital resources for disaster management.
A

Policy Declaration

  • Affirms the State's policy to maintain a balanced ecology and promote harmony between man and nature.
  • Mandates government agencies to protect citizens and property through installation and maintenance of disaster-related instruments.

Definitions

  • Key terms include:
    • Act: Republic Act No. 10344
    • DOST: Department of Science and Technology
    • NDRRMC: National Disaster Risk Reduction and Management Council
    • PAGASA: Philippine Atmospheric, Geophysical and Astronomical Services Administration
    • PHIVOLCS: Philippine Institute of Volcanology and Seismology
    • Government Risk Reduction and Preparedness Equipment: Devices that gather and disseminate data relevant to natural hazards.

List of Protected Equipment

  • Equipment includes systems for weather radar, flood monitoring, oceanographic and seismic data collection, volcano and tsunami monitoring, landslide and radionuclide detection, hazard assessments, and information dissemination.
  • Official lists from PAGASA, PHIVOLCS, and NDRRMC are incorporated and regularly updated.
  • DOST and NDRRMC must distribute the list to relevant government agencies.

Prohibited Acts

  • Illegal acts include:
    • Stealing or unauthorized possession of equipment or parts
    • Buying or selling stolen equipment
    • Tampering, dismantling, or disassembling equipment
    • Attempting any of these prohibited acts
    • Benefiting from proceeds of such violations

Prima Facie Evidence

  • Possession without authority is prima facie evidence of guilt.
  • Confiscation must follow proper legal procedures and be witnessed by authorized personnel.
  • The burden of proof lies with the accused to prove lawful possession.
  • Discovery and confiscation to be reported immediately to police or barangay authorities.

Penalties

  • Imprisonment and fines scaled by the severity of the offense:
    • Theft/unauthorized possession: 12 to 15 years; ₱1,000,000 to ₱3,000,000 fine
    • Tampering/dismantling: 6 to 10 years; ₱500,000 to ₱1,000,000 fine
    • Attempted offenses: 6 to 8 years; ₱500,000 to ₱1,000,000 fine
    • Benefiting from stolen goods: 2 to 7 years; ₱200,000 to ₱500,000 fine
  • Penalties apply to individuals and responsible officers in organizations.
  • Government officials involved face criminal and administrative sanctions, including dismissal and disqualification from public office.
  • Convicted persons must pay repair or replacement costs.
  • Prosecution under this Act does not preclude charges under anti-graft and other laws.

Public Education

  • Annual public information and education campaigns coordinated by DOST, NDRRMC, PIA, LGUs, NGOs, and POs.
  • Campaigns highlight harms of illegal acts and promote community solutions.
  • Encourage public participation in protecting equipment.
  • Awards and training may be provided by DOST for support.

Non-Applicability of Revised Penal Code Theft Provisions

  • Prosecution under this Act bars prosecution under Articles 308 to 311 of the Revised Penal Code for the same act.

Repeal and Separability

  • Conflicting rules and regulations are repealed or modified.
  • Invalid provisions do not affect the rest of the Rules.

Effectivity

  • Rules take effect 15 days after publication in the Official Gazette or newspapers of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.