Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Eighteenth Congress
First Regular Session

2090

HOUSE BILL NO.

Introduced by Representative RANEO E. ABU
Second District, Batangas

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 PURPOSES

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, manholes 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 fatalities
have been increasing through the years. The Philippine National Police —
Highway Patrol Group (PNP-HPG) data, as of June 20, 2016, shows that from the
15, 272 incidents of road crashes across the country that resulted in 1 , 252 deaths
in 2014, the number has increased to 24, 565 road crash incidents that resulted in
1,040 deaths in 2015. However, in just the first four (4) months of 2016, the PNP-
HPG has already recorded 10,656 road crashes with 549 dead in the whole
country.

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 some 42, 558 pieces of such signages
and devices stolen and vandalized since 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 devices such as
highway 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 and pedestrians because the damages that result
therefrom can cause loss of lives and limbs of the people.

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

RANEO E. ABU


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 2090

Introduced by Representative RANEO E. ABU
Second District, Batangas

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 PURPOSES

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

SECTION 1. Title. This Act shall be known as the "Stealing and Vandalism Of
Road and Traffic Signs Act of 2019".

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 with appropriate
information through signs and accident-prevention devices. In pursuit of this end the
State has mandated concerned government agencies and instrumentalities to install
in conspicuous and appropriate places road and traffic 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, and take into possession road
warning devices installed by national and local governments or non-government
organizations for the purpose of warning motorists of imminent dangers along the
road.

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

SECTION4. Traffic signs and accident warning devices and instruments — For
the purpose of this Act “traffic signs and accident

warning devices and instruments" shall mean road or traffic signs exemplified by
signs Of "stop", "yield", "slippery when wet", signs Of zigzag-ing sections Of roads,
railings, and similar devices. Man-hole covers shall also be included as part of


accident-prevention devices warning the motorists and public to avert or prevent
the loss of lives and properties covered under this Act

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

SECTION 5. 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 and duly provided by the DPWH under Section 4 of this Act
or accessories thereof:

N

. Selling and buying of stolen road and traffic signs and warning devices listed
and duly provided by the DPWH under Section 4 of this Act or accessories
thereof,

3. Vandalizing or damaging of any road and traffic signs or devices listed and
provided by the DPWH under Section 4 of this Act or any accessories
thereof

SECTION 6. Penalties — The following penalties shall apply to all acts and
violations committed under this Act:

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 unlawful possession Of road and
traffic signs and warning devices including man-hole covers as defined in
Section 4 of this Act;

2. Damaging/vandalizing or destroying road and traffic 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 Fifty
Thousand Pesos (Php!90,000.00) 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.

3. Selling or buying Of road and traffic 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

4. Government employees found as principal and 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 penalties prescribed in 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 necessary implementing
rules and regulations thereof.

SECTION 10. Separability Clause. — Any portion or provision of this Act which
may be declared unconstitutional or contrary to any existing law 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.