FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
2nd Regular Session 
) 
SENATE 
S.B. No. 295:5 
'11 
SEP -5 P 2 :40 
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Introduced by Senator JUAN PONCE ENRILE 
EXPLANATORY NOTE 
The Philippines, by virtue of its geographic circumstances is particularly vulnerable to 
the impacts of natural hazards and extreme weather occurrences. Our people have seen and 
experienced the damage and loss of lives and property brought about by our repeated encounters 
with calamities over the years. 
The Department of Science and Technology, through the Philippine Atmospheric, 
Geophysical, and Astronomical Services Administration (P AGASA) and the Philippine Institute 
of Volcanology and Seismology (PHILVOCS), is the government agency tasked to provide the 
necessary services to prevent and minimize the ill-effects of natural calamities. Despite their 
meager budgets, PAGASA and PHILVOLCS, through its own initiatives, were able to procure 
and install equipment and instruments that would generate sufficient data in forecasting, 
predicting, and determining the presence or impending occurrence of natural calamities, allowing 
affected communities to be properly warned and guided. 
Unfortunately, these vital instruments and equipments have been stolen, tampered with or 
even destroyed by unscrupulous individuals for financial gain or otherwise. 
One glaring 
example is the theft of the grounding rods for the sensors at five stations of P AGASA of the 
Agno River and its Tarlac river tributary since December 2010 that left a million people without 
advance warning of flash floods. Life saving equipment, including solar panels and special 
batteries, which form part of the grant given by the Japan International Cooperation Agency 
(JICA) have been stolen in Mt. Pinatubo in Pampanga, Taal in Batangas, Mayon in Albay and 
Bulusan in Sorsogon. 
This landmark bill seeks to impose stiffer penalties on the offense of stealing or 
tampering government risk reduction and preparedness equipment, accessories and other facility 
items in order to deter, minimize or totally prevent the increasing i cidence of theft and 
destruction of these instruments in order to save millions of lives in case of calamities. 
In view of the foregoing, the immediate passage of the bill is 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
2nd Regular Session 
) 
SENATE 
S.B. No. 2955 
'11 
SEP -5 P 2 :40 
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Introduced by Senator JUAN PONCE ENRILE 
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 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
Assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Anti-pilferage Act of Risk 
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Reduction and Preparedness Equipment of2011". 
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SECTION 2. Declaration of Policy. - It is the policy of the State to "protect and advance 
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the right of the people to a balanced and healthful ecology in accord with the rhythm and 
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harmony of nature" as expressed under Section 16, Article II of the 1987 Philippine Constitution. 
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Furthermore, Section 1 of Presidential Decree 1151 states that it is the "continuing policy of the 
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State to create, develop, maintain and improve condition under which man and nature can thrive 
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in productive and enjoyable harmony with each other". 
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Toward this end, the State has mandated government agencies to institute measures to 
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ensure the safety of its citizens and their properties through the installation of data and 
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information gathering devices and a network of national and local authorities to disseminate risk-
14 
reduction warning and advices. 
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SECTION 3. Theft and tllmpering of risk-reduction instruments. - It shall be unlawful 
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to dismantle, disassemble, remove, transfer, or in any way tamper or steal any disaster warning 
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and risk-reduction instruments installed by national and local governments or non-government 
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organizations for the purpose of gathering meteorological and seismological data and 
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information. It is likewise unlawful to store and keep in inventory such disaster warning and risk-
21 
reduction instruments without authority from the government or any of its instrumentalities for 
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any purpose whatsoever. 


1 
SECTION 4. Disaster warning and risk-reduction instruments. - For the purpose of 
2 
this Act "disaster warning and risk-reduction instruments" shall mean pieces of equipment or 
3 
devices that gather meteorological and seismological data and information that are analyzed and 
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used in providing weather, eatihquake, volcanic activities or tsunmni activities warning to the 
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public to avert or prevent the loss of lives and properties. 
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The Department of Science and Technology (DOST) through the Philippine 
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Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) and the 
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Philippine Institute of Volcanology and Seismology (PHIVOLCS) or any other of its agencies 
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and the National Disaster Risk Reduction Mat18gement Council (NDRRMC) shall provide a list 
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of all disaster warning and risk-reduction instnm1ents such as, but not limited to: radars, weather 
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forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems, 
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automated weather systems, etc. The complete list of disaster warning and risk-reduction 
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instruments shall be provided jointly by the DOST and tlle NDRRMC to concerned government 
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agencies for the purpose of implementing the provisions of this Act. The list shall be updated as 
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the need arises. 
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SECTION 5. Punishable (Ictions under this Act. - The following actions are punishable 
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under this Act: 
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1. Mere possession without authority any device or instrument or piece of equipment 
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listed under Section 4 of this Act or accessories thereof; 
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2. Selling and buying of stolen device, instrument or piece of equipment listed under 
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Section 4 of this Act or accessories thereof; 
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3. Tampering, dismantling, disassembling of any device. instrument or piece of 
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equipment listed under Section 4 of this Act or any accessories thereof. 
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SECTION 6. Penalties. - The following penalties shall apply to violations under this 
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Act: 
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1. Stealing of disaster warning and risk-reduction instruments and their 
accessories - The penalty of twelve to fifteen (12 - 15) years imprisonment or a fine 
ranging from Two Hundred Thousand Pesos (Php 200,000.00) to Three Hundred 
Thousand Pesos (Php 300,000.00) or both. at the discretion of the court, shall be 
imposed 011 any person found guilty of violating stealing disaster warning and risk~ 
reduction instruments as defined in Section 4 of this Act; 


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2. Tampering of or destroying disaster warning lind risk-reduction instruments 
and their accessories - The penalty of six to ten (6 -10) years imprisonment or a fine 
ranging from One Hundred Thousand Pesos (Php 100,000.00) to One I-hmdred Fifty 
Thousand Pesos (Php 150,000.00) or both, at the discretion of the court, shall be 
imposed on any person found guilty of tampering or destroying disaster warning and 
risk-reduction instruments and their accessories as defined in Section 4 of this Act; 
3. Selling or buying of disaster warning and risk-reduction instruments and their 
accessories - The penalty of selling or buying disaster warning and risk reduction 
instruments and their accessories as defined in Section 4 of this Act shall be similar to 
those under 1 of Section 6 of this Act. 
4. Government employees as accomplice in the violation of provisions of this Act -
Government employees found guilty of violation of this Act either as principal or as 
an accomplice shall be penalized according to Section 6 of this Act. In addition, such 
government employee shall forfeit all his/her retirement benefits and shall be barred 
from any employment within the government service. 
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SECTION 7. Incentives. - Incentives shall be provided to a person or persons who will 
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provide information leading to the apprehension of violators of this Act. The nature and amount 
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of incentives shall be provided for in the implementing rules and regulations of this Act. 
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SECTION 8. Non-applicability ofAr/ides 308,309,310 and 311 ofille Revised Penal 
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Code. - Articles 308, 309, 310 and 311 of the Revised Penal Code shall not be applicable to 
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cases contemplated or enumerated in this Act. For theft cases the provisions in this Act shall 
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apply. 
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Failure of the govermnent prosecutors to charge violators under this Act shall constitute 
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an administrative offense on the part of the concerned government prosecutors. 
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SECTION 9. Information 
Di~semination. -
The DOST, NDRMMC and Local 
32 
Government Units (LGUs) shall undertake a vigorous campaign to inform the public of the 
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provisions of this Act, within sixty (60) days from its effectivity of this Act and at least once a 
34 
year thereafter. 
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SECTION 10. Public Education and Information. - The DO ST. NDRMMC shall, in 
37 
coordination with the Local Government Units and Non-Government Organizations or Peoples 


1 
Organizations, conduct a continuing education, and information campaign and such education 
2 
and information program shall: 
3 
a) Aim to develop public awareness of the ill-effects of stealingltampering of 
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government risk reduction and preparedness equipment, accessories and other facility 
5 
items and the community based solutions to prevent the occurrence of such offense; 
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and 
7 
b) Encourage the general public, NGOs and people's organizations to safeguard and 
8 
protect these Government Risk Reduction and Preparedness Equipment, Accessories 
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and Other Vital Facility Items within their areas of jurisdiction. 
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SECTION II. Prima Facie Evidence. - The possession or custody of any disaster 
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warning risk-reduction instruments or any of its accessories as defined in Section 4 hereof, by 
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any person, natural or juridical, without proper authority shall be prima facie evidence and 
14 
therefore such instrument or accessory shall be confiscated from the person in possession, 
15 
control or custody thereof. 
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SECTION 12. Implementing rules and regulations. - The DOST and the NDRRMC 
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shall issue within 180 days from the date of approval of this Act, the implementing rules and 
19 
regulations for this Act. 
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SECTION 13. Separability clause. - Any pOition or provision of this Act which may be 
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declared unconstitutional or invalid shall not have the elIect of nullifying other pOitions or 
23 
provisions hereof. 
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SECTION 14. Repealing Clause. - All other laws, ordinances, rules, regnlations, and 
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other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or 
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modified accordingly. 
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SECTION 15. Effectivity Clause. - This Act shall take effect immediately after its 
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publication in two (2) Newspapers of general circulation. 
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Approved,