Legal Basis and Policy Declarations
- Republic Act No. 10344 is implemented through these Rules pursuant to Section 10 of Republic Act No. 10344.
- The declared policy is to protect the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
- Government agencies are mandated to institute measures for the safety of citizens and properties through the installation of data and information gathering devices and the network of national and local authorities to disseminate risk reduction warning and advice.
- These Rules prescribe procedures and guidelines to facilitate compliance with Republic Act No. 10344 and to achieve its objectives.
Key Definitions Established
- “Act” refers to Republic Act No. 10344.
- “DOST” refers to the Department of Science and Technology.
- “NDRRMC” refers to the National Disaster Risk Reduction and Management Council and includes 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 thereof that gather, transmit, store, archive, process, and analyze meteorological, hydrological, oceanographic, geodetic, geological, volcanological and seismological 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.
Scope: Listed Equipment and Dissemination
- The list of government risk reduction and preparedness equipment and other vital facility items is the official list provided by the DOST, and the list must be regularly updated.
- The listed equipment 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
- Detailed lists of PAGASA and PHIVOLCS items are provided in Appendix A, and the NDRRMC detailed list is provided in Appendix B, and both appendices form an integral part of these Rules.
- The DOST and the NDRRMC jointly provide the complete list to all government agencies engaged in disaster preparedness.
- The joint provision of the list is directed to enable dissemination of risk reduction instruments, parts and accessories covered or protected under Republic Act No. 10344.
Prohibited Acts: Full Prohibition Coverage
- Government risk reduction and preparedness equipment, accessories, and other vital facility items, including their parts, must be protected at all times.
- It is unlawful for any person, whether natural or juridical, and whether private or public, to:
- Steal, take, or possess any of the equipment or any part enumerated in Rule III, Section 1
- Sell or buy stolen equipment or any part thereof
- Tamper, dismantle, or disassemble the equipment or any part thereof
- Attempt to commit any of the prohibited acts
- Benefit from the proceeds or fruits of any prohibited act knowing the proceeds or fruits are derived from the commission of the prohibited acts
Evidence and Reporting Procedures
- Possession, control, or custody by any person of any covered equipment or part enumerated in Rule III, Section 1, without proper authority or consent of the concerned agency, constitutes prima facie evidence that the instrument or part is the fruit of the offense by the person benefited thereby.
- Prima facie evidence requires that the discovery and confiscation of the equipment:
- are conducted in accordance with the Rules of Court, and
- are personally witnessed and attested to by the concerned agency or its duly authorized representative or by an officer of the law, as the case may be.
- The burden of proof rests on the party presenting evidence to establish his or her defense that the confiscated equipment is not a government property.
- An authorized representative is an employee of the concerned agency or 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
- officer or member of Barangay Community Brigades
- barangay policeman, PNP policeman
- municipal councilor, municipal mayor
- The 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
- holding 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 covered equipment and the circumstances under Rule III and Rule IV, the concerned agency or its duly authorized representative must immediately report the incident to the nearest Barangay or Police Station.
- If confiscation occurs, the stolen, tampered, dismantled, or disassembled government risk reduction and preparedness equipment must be:
- placed in suitable storage
- properly identified
- sealed and secured
- disposed of in accordance with the Rules of Court.
Criminal, Personal, and Administrative Consequences
- Stealing or unauthorized taking or possession without authority, or selling or buying with intent to gain stolen covered equipment or parts is punishable by:
- 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.
- Unauthorized tampering, dismantling, or disassembling of covered equipment or parts is punishable by:
- 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.
- Attempt to commit any prohibited acts is punishable by:
- 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.
- Unlawfully benefiting from proceeds or fruits of prohibited acts, with knowledge that such proceeds or fruits are derived from the commission of the prohibited acts, is punishable by:
- 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 the prohibited acts are committed by a partnership, firm, corporation, association, or any legal entity, the penalty is imposed on the president, manager and each of the officers who:
- knowingly permitted the offense, or
- failed to prevent the offense, or
- was otherwise responsible for the commission of the offense.
- If any prohibited act is committed by, or in connivance with, or through the assistance of a government officer or employee, the officer or employee shall, upon conviction, suffer the same penalty as the person who committed the prohibited act.
- Without prejudice to applicable criminal sanctions, the officer or employee must, after due notice and hearing:
- be administratively dismissed from the service under the Revised Rules on Administrative Cases in the Civil Service (RRACCS), and
- have benefits from the government forfeited, and
- be perpetually disqualified from holding any public office.
- The court must also impose payment of the full cost of repair or replacement of the covered government risk reduction and preparedness equipment or parts that are the object of the crime.
- Prosecution or conviction under Republic Act No. 10344 does not bar filing of cases for violations of:
- Republic Act No. 3019 (as amended) (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 (Plunder), and
- other laws.
Public Education, Information, and Dispute Effects
- The DOST and the NDRRMC must, at least once a year, in coordination with the Philippine Information Agency (PIA), LGUs, and NGOs/POs, disseminate information and conduct continuing education on Republic Act No. 10344 through media and other lawful means.
- Information dissemination and continuing education must commence within sixty (60) days from approval of these Implementing Rules and Regulations.
- The public education program must aim to develop public awareness of:
- the ill effects of unlawful taking or stealing, tampering, and buying and selling of stolen covered equipment or parts, and
- community-based solutions to prevent the occurrence of such offense.
- The program must encourage and involve the public, NGOs, and POs to safeguard and protect covered equipment or parts within their areas of jurisdiction.
- For this purpose, the DOST may provide awards, recognitions, and technology trainings or assistance under existing DOST programs.
- Government information agencies and media facilities, in coordination with private media agencies, must be tapped to assist in dissemination of covered equipment, parts, and accessories.
- 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 Implementation Rules
- All circulars, memoranda, executive orders, rules and regulations, or parts thereof, inconsistent with any provision of these Rules are repealed, amended, or modified accordingly.
- If any part or provision of these Rules is declared invalid or u