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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEEREPORTNO._—_—«L AL _
28FEB 2012

Submitted by the Committee on Revision of Laws on

Bouse

Re House Bill No.

Recommending its approval in substitution of House Bill Nos. 4010 and 5175

Sponsors Representatives Marlyn L. Primicias-Agabas, Angelo B.
Palmones and Romero Federico “Miro” S. Quimbo

Mr. Speaker:

The Committee on Revision of Laws to which was referred House Bill No. 4010,
introduced by Reps. Angelo B. Palmones. Erico B. Aumentado. Romero Federico
“Miro” S. Quimbo and Homer A. Mercado, entitled:

“AN ACT IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR
TAMPERING GOVERNMENT RISKS REDUCTION AND PREPAREDNESS
EQUIPMENT, ACCESSORIES AND OTHER FACILITY ITEMS AND FOR OTHER
PURPOSES”:

and House Bill No. 5175, introduced by Reps. Romero Federico “Miro” S. Quimbo,
Erico B. Aumentado, Tomas V Apacible and Rachel Marguerite B. Del Mar, entitled:

‘AN ACT IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR

TAMPERING WITH GOVERNMENT RISK REDUCTION AND PREPAREDNESS
EQUIPMENT, ACCESSORIES, PARTS AND OTHER VITAL FACILITY ITEMS, AND
FOR OTHER PURPOSES”

has considered the same and recommends that the attached House Bill No.

EEE entities

“AN ACT IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR
TAMPERING GOVERNMENT RISK REDUCTION AND PREPAREDNESS
EQUIPMENT, ACCESSORIES AND OTHER FACILITY ITEMS, AND FOR OTHER
PURPOSES”

SEE eT EM pe “


be approved in substitution to House and 5175 with Reps. Angelo B
Palmnones, Erico B. Aumentado, Ri “Miro” S. Quimbo, Tomas V
Apacible, Homer A. Mercado, Rachel Marguerite B. Del Mar, Victorino Dennis M
Socrates, Mercede K. Alvarez, Giorgidi B. Aggabao, Emmi A. De Jesus, Daisy
‘Avance-Fuentes, Mylene J. Garcia-Albano and Marlyn L. Primicias-Agabas as authors
thereof.

Respectfully submitted,

marilyn}. einen

Chairpergon



Republic of
HOUSE OF REPRESENTATIVES
Quezon City

5952
USE BILLNO _ SU Se
n of House Bill No. 4010 and 5175

in subst

Introduced by Honorable Angelo B. Palmones, Erico 8. Aumentado, Romero
Federico “Miro” S. Quimbo, Tomas V. Apacible, Mercado A. Homer, Rachel
Marguerite B. del Mar, Victorino Dennis Socrates, Mercedes K. Alvarez,
Giorgido B. Aggabao, Emmi A. de Jesus, Daisy Avance-Fuentes, Mylene J.
Garcia-Albano and Marlyn L. Primicias-Agabas

AN ACT
PENALIZING THE UNAUTHORIZED TAKING, STEALING, KEEPING OR
TAMPERING OF GOVERNMENT RISK REDUCTION AND PREPAREDNESS
EQUIPMENT, ACCESSORIES AND SIMILAR FACILITIES
Be it e Representatives of the Philippines in
Congres

fed by the Senate and He
mbled

a

SECTION 1 Short Title - all be known as the “Risk Reduction

and Preparedness Equinn

SEC 2. Declaration of Policy. —\tis the policy of the State to protect the

cand neal with the rhythrn and

fight of the people to a bala hful ecology in ac
harmony of nature The State shall continue the policy to create, develop. maintain

and improve conditions under which man and nature can thrive in productive and

enjoyable harmony with each cther Towards this end, all government agencies are

mandated to institute measures to ensure the safety of its citizens and their

tion gathering devices and the

properties through the installation

risk-reduction warning and

network of national and jocal au!
advice.

SEC 3 List of Government Risk Reduction and Preparedness

Equipment and Other Vital Items. - The Depa’


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(DOST) shall, in coordination with the Philippine Atmospheric Geophysical and
Astronomical Services Administration (PAGASA), the Philippine Institute of
Volcanology and Seismology (PHIVOLCS), and the National Disaster Risk Reduction
Management Council (NDRRMC), provide a list of all government risk reduction and
preparedness equipment, accessories and other vital facility items such as but not
limited to radars, weather forecasting equipment, flood monitoring instruments,
‘seismographs, tsunami warming systems, automated weather systems.

The complete list of government risk reduction and preparedness equipment,
accessories and other vital facility items shall be provided jointly by the DOST and
the NDRRMC to government agencies engaged in disaster preparedness, The list
shall be regularly updated

For purposes of this Act, “government risk reduction and preparedness
equipment. accessories and other vital facility items, or parts thereof" refer to pieces
of equipment or devices. or parts thereof that gather. store, archive or monitor
meteorological and seismological data and information which are analyzed and used
to warm the public about weather conditions, earthquake, volcanic or tsunami
activities and similar natural calamities,

SEC. 4. Prohibited Acts — The govemment risk reduction and
preparedness equipment, accessories and other vital facility items, or parts thereof
shall, at all times, be protected and it shal! be unlawful for any person to commit any
of the following acts’

a) Steal, or take, or possess any of the equipment or any part thereof,

b) _ Sell or buy stolen equipment or any part thereof,

c) Tamper, dismantle. or disassemble equipment or any part thereof;

d) Attempt to commit any of the abovementioned prohibited acts; and



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2) Benefit from the proceeds or fruits of any of the abovementioned

prohibited acts knowing that the proceeds or fruits are derived from the commission
of said prohibited acts.

SEC. 5. Prima Facie Evidence. - The possession or custody of any
government risk reduction and preparedness equipment, accessories and other vital
facility items, or any part thereof, as defined in Section 3 hereof, by any person,
natural or juridical, without proper authority shall be prima facie evidence that such
instrument, part or accessory. is the fruit of the offense defined in Section 4 hereof
and therefore such equipment, instrument, accessory, or other vital facility items, or
parts thereof may be immediately confiscated from the person in possession, control
or custody thereof,

SEC. 6. Penalties. - The following penalties are hereby imposed:

a) The penalty of imprisonment for not less than twelve (12) years but not
more than fifteen (15) years or a fine of not less than One Million pesos
(P1,000,060.00) but not more than Three Million Pesos (P3,000,000,00), or both
imprisonment and fine at the discretion of the court shall be imposed upon any
person found guilty of stealing or unauthorized taking or possession without authority
or selling or buying with intent to gain of any stolen government risk reduction and
preparedness equipment, accessories and other vital facility items, or parts thereof;

b) The penalty of imprisonment for not less than six (6) years but not more
than ten (10) years or a fine of not less than Five hundred thousand pesos
(P500,000:00) but not more than One Million pesos (P1,000,000,00), or both
imprisonment and fine at the discretion of the court shall be imposed upon any
person found guilty of unauthorized tampering. dismantling or disassembling of
government risk reduction and preparedness equipment, accessories and other vital

facility items, or parts thereof,



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¢) The penalty of imprisonment for not iess than six (6) year but not more
than eight (8) years or a fine of not less than Five hundred thousand pesos
{P500.000.00} but not more than One Million pesos (P1.000,000.00), or both

imprisonment and fine at the discretion of the court shall be imposed upon any

person who attempt to commit any of the prohibited acts provided in Section 4 of this

Act,

d) The penalty of imprisonment of rot tess than two (2) years but not more

than seven (7) years or a fine of not less than Two hundred thousand pesos

hur

(P200,000.00) but not more than

thousand pesos (P500,000.00), or

both imprisonment and fine at the discretion of the court upon any person found
guilty of unlawfully benefiting from the proceeds or fruits of any of the prohibited acts

enumerated in Section 4 of this Act knowing that such proceeds or fruits are derived

from the commission of said prohibited acts.

Payment of the full cost of repair or replacement of the government risk

reduction and preparedness equipment, accessories and other vital facility items, or
parts thereof, which is the object of the crime shall likewise be imposed upon any
person who shall commit any of the prohibited acts described in Section 4 of this Act

SEC. Penalty for Government Officers or Employees. - Any

government officer or employee who shal! assist in the commission of any of the
prohibited acts enumerated in Section 4 shall suffer the same penalty imposed upon
the person who committed the prohibited act. In addition, after due notice and

hearing, they shall be administratively dismissed from the service and all their

benefits from the government shall be forfeited. They shall likewise be perpetually
disqualified from holding any public office

The prosecution or conviction under this Act shall not bar the filing of any

1e violation of Republic Act No. 3019, as amended, otherwise known as the
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“Anti-Graft and Corrupt Practices Act.” Republic Act No. 6713, otherwise known as
the “Code of Conduct and Ethical Standards for Public Officials and Employees Act,”
and Republic Act No. 7080. entitled “An Act Defining and Penalizing the Crime of
Plunder.” and other laws

SEC. 8. Non-Applicability on the Provisions of Theft of the Revised
Penal Code. ~ The prosecution under this Act shall bar any prosecution arising from
the same act under Articles 308, 309, 310 and 311 of the Revised Penal Code.

SEC. 9. Public Education and Information. - At least once a year, the
DOST and NDRRMC shail, in coordination with the local government units and non-
government organizations (NGOs) or people's organizations (POs), disseminate
information and conduct continuing education on the provisions of this Act through
the media and other lawful means available. The dissemination of information and
continuing education on the provisions of this Act shall commence within sixty (60)
days from the approval of its implementing rules and regulations.

Such information dissemination and continuing education shall:

a) Aim to develop public awareness of: i) the ill effects of unlawful taking
or stealing, tampering and buying and selling of stolen government risk reduction and
preparedness equipment, accessories and other facility items, or parts thereof; and
it) the community-based solutions to prevent the occurrence of such offense; and

b) Encourage the public, NGOs and POs to safeguard and protect these
government risk reduction and preparedness equipment, accessories and other
facility items, or parts thereof, within their areas of jurisdiction

SEC. 10. Implementing Rules and Regulations. ~ Within ninety (90) days
from the effectivity of this Act, the Secretary of Science and Technology shall, in
Coordination with the NORRMC, issue the implementing rules and regulations for the

effective implementation of this Act.

a at



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SEC. 11. Separability Clause ~ If any part or provision of this Act shall be

declared invalid or unconstitutional

he remaining provisions or parts not affected
shall remain in full force and effect

SEC. 12. Repealing Clause. — All other laws, presidential decrees, executive
orders, rules and regulations or parts thereof which are inconsistent with any

provisions of this Act are hereby repealed, amended, or modified accordingly.

SEC. 13. Effectivity. ~ This Act shall take effect fifteen (15) days after its
publication in the Officiat Gazette or in two (2) national newspapers of general
circulation

Approved,

eae: PETS om



House of Representatives
Committee Affairs Department

FACT SHEET

HOUSE BILL NO. 5932
(in substitution of House Bill No, 4010 and 5175)

AN ACT

IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING
OR TAMPERING GOVERNMENT RISK REDUCTION PREPAREDNESS
EQUIPMENT, ACCESSORIES AND OTHER FACILITY ITEMS

Introduced by: Hon. ANGELO B. PALMONES, ERICO B. AUMENTADO, ROMERO”
FEDERICO “MIRO” S. QUIMBO, TOMAS V. APACIBLE, MERCADO A. HOMER, RACHEL

MARGUERITE B. DEL MAR, VICTORINO DENNIS SOCRATES, MERCEDES K. ALVAREZ,
GIORGIDI B. AGGABAO, EMMI A. DE JESUS, DAISY AVANCE-FUENTES, MYLENE J.

GARCIA-ALBANO AND MARLYN L. PRIMICIAS-AGABAS.

Committee Referral COMMITTEE ON REVISION OF LAWS
Committee Chairperson. Hon. Marlyn L. Primicias-Agabas

OBJECTIVE:

To ensure safety of the citizenry and their properties through the installation and
maintenance of data and information gathering devices utilized to monitor
disasters, natural calamities, and siesmologic phenomena by imposing stiffer
penalties on offenses of stealing or tampering of such government-owned
devices.

KEY PROVISIONS:

Mandates the concerned government agencies to institute measures to ensure
the safety of its citizens and their properties through the installation of data.and
information gathering devices.

Mandates the Department of Science and Technology (DOST) through the
Philippine Atmospheric, Geophysicai and Astronomical Services Administration
(PAGASA) and Philippine Institute of Volcanology and Seismology
(PHILVOLCS) to disseminate risk-reduction informations, warnings and advices.

Prohibits the following acts and providing its corresponding penalties

(a) Uniawtul taking of government risk reduction equipments and accessories, or
selling or buying of such equipments. The penalty of which is twelve (12) to



fifteen (15) years imprisonment or fine ranging from One Million Pesos
(P1,000,000.00) to Three Million Pesos (P3,090,000.00) or both:

(b) Tampering of any government risk reduction equipment, accessories and
other vital facility items, The penalty of which is six (6) to ten (10) years
imprisonment or a fine ranging from Five Hundred Thousand
(500,000.00) to One Million Pesos (P1,000,000.00) or both

(c) Attempting to commit any of the prohibited acts enumerated therein shall be
penalized for six (6) to ten (8) years imprisonment or a fine ranging from Five
Hundred Thousand Pesos (P500,000.00) to One Million Pes
(P1,600,000.00) or both;

(a) Benefiting from the proceeds or fruits of any of the prohibited acts
enumerated therein despite knowing that such proceeds are sourced fi
the commission .of-said<promibitéd acts and provided-that the“persor
benefiting from the said proceeds is not liable for any of the prohibited acts
enumerated herein.shall be penalized for two (2) to seven (7) years
imprisonment or a fine ranging from Two Hundred Thousand Pesos
(P200,000 00) to Five Hundred Thousand Pesos (P500,000.00) or both; and

(=) Aside from the criminal penalties, any person who shall commit any of the
prohibited acts enumerated herein shall be liable to pay the full cost of repair
or replacement of the government risk reduction paraphernalias.

Provides that government employees who shall assist any person in the
commission of any of the prohibited acts shall suffer the same penalty imposable
on the nature of the prohibited act committed by the person who assisted

Provides that persons who will provide information leading to the conviction of

violators shall receive incentives in cash which shall. not be less than Ten
Thousand Pesos (P10,000.00) but not more than Fifty Thousand Pesos
(P50,000 00)

ammmatice