Law Summary
Definition of Key Terms
- "Act" refers to RA 10344.
- Key agencies defined: DOST, NDRRMC (including members), PAGASA, PHIVOLCS.
- "Government Risk Reduction and Preparedness Equipment" includes devices that collect, analyze, and disseminate data on meteorological, hydrological, seismic, volcanic, and other natural phenomena.
Inventory of Protected Equipment
- A comprehensive and regularly updated list of government risk reduction and preparedness equipment, accessories, and vital items is maintained by DOST.
- Notable equipment includes weather radar, flood monitoring, earthquake and volcano monitoring systems, tsunami warning, landslide monitoring, radionuclide monitoring, hazards assessment, and communication devices.
- Detailed lists from PAGASA, PHIVOLCS, and NDRRMC are in appendices and are integral to IRR.
- DOST and NDRRMC provide this list to government agencies involved in disaster preparedness.
Prohibited Acts
- It is unlawful for any person or entity to:
- Steal, take, or possess government equipment without authorization.
- Sell or buy stolen government equipment.
- Tamper with, dismantle, or disassemble such equipment.
- Attempt these prohibited acts.
- Benefit knowingly from proceeds of these prohibited acts.
- Continuous protection of such equipment is mandated.
Prima Facie Evidence
- Unauthorized possession or custody of protected equipment constitutes prima facie evidence of the offense.
- Confiscation must be witnessed by authorized agency representatives or law enforcement according to Rules of Court.
- Burden shifts to accused to prove equipment is not government property.
- Possession without consent justifies immediate confiscation and legal proceedings.
- Discovery must be reported immediately to barangay or police.
- Confiscated equipment must be properly stored and secured pending disposition.
Penalties
- For stealing, unauthorized possession, or dealing in stolen equipment: 12-15 years imprisonment and/or fine of 1 to 3 million pesos.
- For tampering, dismantling, or disassembly: 6-10 years imprisonment and/or fine of 500,000 to 1 million pesos.
- For attempts to commit prohibited acts: 6-8 years imprisonment and/or similar fines.
- For benefiting from proceeds of prohibited acts with knowledge: 2-7 years imprisonment and/or fines of 200,000 to 500,000 pesos.
- Juridical persons can be held liable, including officers responsible or negligent in preventing offenses.
- Government officers/employees involved face same penalties plus administrative dismissal, forfeiture of benefits, and perpetual disqualification from public office.
- Guilty parties must pay full cost to repair or replace damaged equipment.
- Prosecution under this law does not bar filing of graft, plunder, ethical misconduct or related charges.
Public Education and Information
- DOST and NDRRMC must conduct annual information dissemination and education campaigns in coordination with PIA, LGUs, NGOs, and POs.
- Campaign objectives:
- Raise awareness on harms of unlawful acts against government equipment.
- Promote community-based solutions to prevent such offenses.
- Encourage public and organizations to protect equipment locally.
- Incentives like awards and training may be provided by DOST.
- Government and private media are involved in dissemination efforts.
Exclusivity of Prosecution
- Filing of cases under RA 10344 bars prosecution for theft under Articles 308-311 of the Revised Penal Code for the same act.
Repeal and Separability
- Prior inconsistent rules and circulars are repealed or amended accordingly.
- Declared invalid or unconstitutional provisions shall not affect remaining guidelines, which continue to be effective.
Effectivity
- These IRR shall take effect 15 days after publication in the Official Gazette or two newspapers of general circulation.