Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16TH CONGRESS
First Regular Session

re
nouse piLNo, 2155

Sponsored by Rep. RANEO E. ABU
Second District, Batangas

AN ACT
IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR
VANDALIZING GOVERNMENT INSTALLED ROAD AND HIGHWAY TRAFFIC,
WARNING AND PROTECTIVE SIGNAGES AND RAILINGS AND OTHER
FACILITIES

EXPLANATORY NOTE

Under Section 5, Article II of the 1987 Philippine Constitution, the maintenance of peace
and order, the protection of life, liberty, and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of democracy.

Likewise, under Article 2189 of the Civil Code of the Philippines, provinces, cities and
municipalities shall be liable for damages for the death of, or injuries suffered by, any person
by reason of the defective condition of roads, streets, bridges, public buildings and under
public works under their control or supervision.

In view of the foregoing, the National Government through the Department of Public Works
and Highways (DPWH) has been diligently installing the necessary street, road and highway
traffic and warning signages as well as the protective facilities like bridge railings among,
others as safety measures for motorists from imminent danger and risks along our roads and
highways.

However, due to rampant stealing and vandalizing of these road and highway signages and
damaged protective facilities a number of road accidents fatalilties has been increasing
through the years. The Philippine National Police (PNP) has tallied about 15,000 traffic
accidents in 2006 corresponding to an average of 41 traffic accidents per day. These
accidents resulted in 674 fatalities, 3, 767 injuries and 10, 623 instances of property damages.


The PNP reported that most traffic accidents are caused mainly by driver errors, Notable to
be the cause that induces driver errors is the absence of visible road signs, i.e. warning signs
that there is sharp curves, slippery roads or roads with on going repairs. These road signs
installed by the DPWH were either stolen or damaged.vandalized. ‘The DPWH reported a
total of 42, 558 pieces of such signages and devices stolen and vandalized as of January 24,
2013.

Under Article 308 of the Revised Penal Code, theft is committed by any person, who, with
intent to gain but without violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latter’s consent. It is likewise committed
by any person who, after having maliciously damaged the property of another, shall remove
or make use of the fruits or object of the damage caused by him.

In the instant provision of the Revised Penal Code, the properties subject of theft do not
include traffic signage, warning signs and traffic protective devises such as higway or bridge
railings. Moreover, the penalties imposed therein on stolen property depends upon the value
of the property, which ranges from prison correctional to prison mayor. However, these
penalties do not fit the offense of stealing, vandalizing or damaging the street, road and
highway signages, risks and protective devices, accessories and facilities installed by the
Government as safeguards to motorists because the damages that result therefrom can cause
loss of lives and limbs of the people.

Considering the reasons mentioned above, through the guidance and help of former
AGHAM Party-List Representative, Hon. Angelo B. Palmones, who first filed this bill
during the 15th Congress, this representation now therefore eamestly requests that this
bill, imposing stiffer penalties on theft, vandalizing and malicious damaging of vital street,
road and highway signages, risks and protective devices and facilities, be enacted into law
the soonest possible time.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16TH CONGRESS,
First Regular Session

55
House BILL No,__ 1155

Sponsored by Rep. RANEO E, ABU

AN ACT
IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR
VANDALIZING GOVERNMENT ROAD SIGNS AND OTHER WARNING
DEVICES, ACCESSORIES, AND OTHER FACILITIES, AND FOR OTHER
PUPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled:

SECTION 1, Title. This Act shall be known as the “Stealing and Vandalism of Traffic
Signs Act of 2013”.

SECTION 2. Declaration of Policy. It is the policy of the State to protect the people from
damage to property and loss of lives by improving conditions of roads and making vehicular
traffic as safe as possible by providing drivers information through signs and accident-
prevention devices. In pursuit of this end the State has mandated concerned government
agencies and instrumalities to install in conspicuous and appropriate places road signs and
devices to warn drivers of risks and dangers on the road.

SECTION 3. Theft and damage of traffic signs and road safety devices — It shall be
unlawful to dismantle, remove, transfer, take into possession road warning devices installed
by national and local governments or non-government organizationa for the purpose of
warning motorists of dangers along the road.

It is likewise unlawful to store, keep in inventory such traffic signs and warning devices
without authority from the government or any of its intrumentalities for any purpose
whatsoever,

SECTION 4. Traffic signs and accident warning devices and instruments
For the pupose of this Act “traffic signs and accident warning devices and instruments”
shall_mean road or traffic signs exemplified by signs of “stop”,


“viele”, “slippery when wet”, signs of zig-zag-ing sections of roads, railings, and
similar devices, Man-hole covers shall also be included as part of aceident-
prevention devices warning the public to avert or prevent the loss of lives and
properties and covered under this Act.

The Department of Public Works and Highways (DPWH) shall provide a list of all
traffic signs and accident reduction/prevention devices and instruments. ‘The
list shall be updated as the need arises.

SECTION &. Punishable actions under this Act ~ the following actions are
punishable under this Act:

1. Mere possession without authority of any device or instrument or piece
of equipment listed under Section 4 of this Act or accessories thereof;

2. Selling and buying of stolen trallic signs and warning devices listed
under Section 4 of this Act or accessories thereof;

3, Vandalizing or damaging of any road signs or devices listed under
Section 4 of this Act or any accessories thereof,

SECTION 6, Penalties ~ ‘The following penaltic
this Act:

hall apply to violations under

1. Stealing of or possessing road signs and warning devices
including man-hole covers 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 on any person found guilty of stealing or in
possession of road signs and warning devices including man-hole
covers as defined in Section 4 of this Act;

2. Damaging/vandalizing or destroying road signs and warning
devices including man-hole covers 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 Hundred
Fifly Thousand Pesos (Php 150,000.00) or both, at the discretion of
the court, shall be imposed on any person found guilty of
damaging/vandalizing or destroying road signs and warning devices
and their accessories including man-hole covers as defined in Section
4 of this Act;

Selling or buying of road signs and warning devices including
man-hole covers 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 shail 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,

SECTION 7. Incentives ~ Incentives shall be provided to a person or persons
who will provide information leading to the apprehension of violators of this Act.
The nature and amount of incentives shall be provided for in the implementing
rules and regulations of this Act.

SECTION 8. Non-applicability of Articles 308, 309, 310 and 311 of the
Revised Penal Code. - Articles 308, 309, 310 and 311 of the Revised Penal
Code shall not be applicable to cases contemplated or enumerated in this Act.
For theft cases the provisions in this Act shall apply.

SECTION 9, Implementing rules and regulations ~ The DPWH shall issue
within 180 days from the date of approval of this Act, the implementing rules
and regulations for this Act.

SECTION 10. Separability clause - Any portion or provision of this Act which
may be declared unconstitutional or invalid shall not have the effect of
nullifying other portions or provisions hereof,

SECTION 11. Repealing Clause. - All other laws, ordinances, rules,
regulations, and other issuances or parts thereof, which are inconsistent with
this Act, are hereby repealed or modified accordingly.

SECTION 12. Effectivity Clause - This Act shall take effect immediately after
its publication in two (2) newspapers of general circulation.

Approved.