Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
Second Regular Session

House Bill No._ 5403

Introduced By HONORABLE MARIA EVITA R. ARAGO

EXPLANATORY NOTE

‘This bil seeks the imposition of higher penalties for crimes against property
involving portable communication devices. Several tools of communication have
become indispensable to our modern life. These include cellular telephones,
laptops, personal digital assistants, portable computers, two-way very high
frequency (VHF) or ultra high frequency (UHF) radios and other portable
communication equipments utitized to transmit messages, documents, photos,
images, videos, or informution through air, radio or satellito frequencies. Reports
from law enforcement agencies, however, show an alarming high incidence of
thievery of these gadgets, especially of cellular telephones.

The increase in the occurrence of these illegal activities and at times with
unfortunate futal consequences means that there is an urgent need to protect our
people from thieves of cellular phones and other portable devices. The taking of
communication gadgets through theft or robbery has proliferated in our country.
‘These equipments are easy to sell and fencing of these illegally acquired items is
now commonplace

The existing penalties under the Revised Penal Code are apparently
insufficient to deter criminal activities of this nature and pose a threat to the
personal security of our people.

This bill seeks to punish the malefactors, with stiffer penalties, who take
away mobile phones and other portable communication gadgets which have become
important instruments of modern life. It is believed that stiffer ponalties will serve
as deterrence to the commission of these offenses and will help promote justice und
public order and safety.

In view of the foregoing, I urge my colleagues to support the passage of this
bill. 6



FIFTEENTH CONGRESS OF THE ) .
REPUBLIC OF THE PHILIPPINES ) '
Second Regular Session

HOUSE OF REPRESENTATIVES

FIFTEENTH CONGRESS
Second Regular Session **

¥ House Bill No. __ 9403

Introduced By HONORABLE MARIA EVITA R. _ “

AN ACT PROVIDING STIFFER PENALTIES FOR THE CRIME OF THEFT’
AND ROBERRY OF PORTABLE TELECOMMUNICATION DEVICES AND .
PORTABLE COMPUTERS

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

SECTION 1. Short Title. - This Act shall be known as the “ Anti-Theft and
Robbery of Portable Telecommunication Devices and Portable Computers ct of
2011.”

SEC. 2. Definition of Terms: ‘ . :

+A. “Portable telecommunication device” shall refer to a device that transmit, ©

* emit or, receive voice, data, electronic messages, text, written or printed
matter, fixed or moving pictures or images, words, music or visible or audible
signals or sounds, or any information, intelligence and/or control signals of
any design/format and for the purpose of avcessing public telecommunication
services by wire, radio, spectral, visual, optical, light or ather electronic,
electromagnetic and technological meana including but not limited cellular
telephones, personal digital assistants, portable computers, two-way very
high frequency (VHF) or ultra high frequency (UHF) radios.

B. “Portable Computer” shall refer to an electronic device that is capable of
accepting data, programs and/or instructions, executing the programs and
the ability to process data and other resulta, such as but not limited to
laptops, notebooks and tablets.

SEC. 3. Penal Provision. - Any person convicted of the crime of theft and
robbery as defined under Chapters One (1) and Three (3) of Title Ten of the Revised
Penal Code of a portable communication device or portable computer shall be
punished by the penalty next higher in degree than thdse respectively specified in
the aforementioned articles. Provided, that the additional penalty specified herein
shall no longer be made applicable if the imposable penalty is in its maximum
period. i impo saeee
SEC. 4: Repealing Clause. - All laws, decrees, orders, rules and regulations
or other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly -

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SEC. 5. Separability Clause. - If any portion of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in force and effect.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days following
the completion of its publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

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