Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

1362

HOUSE BILL NO.

Introduced by Representative REGINA O. REYES

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

EXPLANATORY NOTE

The total number of road accidents and fatalities 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 damage. The PNP reported that most traffic accidents are caused
mainly by driver errors. In 2006 for example, 4,182 (27%) of car accidents were
caused by driver error. The use of cell phones while driving is another leading
cause of traffic accidents representing the highest increase among the causes of
traffic accidents.

One cause that induces driver error is the absence of road signs warning drivers
of impending sharp curves or slippery road or road repairs. The main reason for
the absence of these road signs installed by the Department of Public Works and
Highways (DPWH) is that these signs were either stolen or damaged/vandalized.
The DPWH reported a total of 42,558 pieces of such devices stolen and
vandalized as of January 25, 2013.

A study conducted to determine the cost of accidents in Metro Manila estimated
that Php 3.5 Million is lost per fatal road accident showing a clear picture of their
economic effects. In addition, social cost or pain, grief, and suffering are valued
at Php 506,450 per fatal accident. Beyond these costs, the loss of lives is
incalculable,


The Revised Penal Code (Act No. 3815) defines theft as the taking of property of
another without violence against or intimidation of persons, with intent to gain
without the latter's consent. Furthermore, any person has committed theft is
after having maliciously damaged the property of another shall remove and make
use of the fruits or object of the damage caused by him.

The Revised Penal Code likewise identified theft of properties of the National
Library and the National Museums qualified theft but does not include theft of
traffic signage, warning signs and traffic protective devises such as highway or
bridge railings.

The Penalties imposed on stolen property depends upon the value of the
property, which ranges from prision correctional to prision mayor or reclusion
temporal. These penalties do not fit the offense of theft or damage of traffic
signages and protective devices because such can cause loss of limbs and lives.
Stiffer penalties should be imposed not only to deter or prevent persons to steal
or damage these traffic devices but more importantly to protect our people from
danger and accidents, or save their lives and properties.

For the above reasons it is earnestly requested that this bill enacted into law the
‘soonest time possible.

This bill was originally introduced by Honorable Angeld B. Palmones,
Agham Partylist Representative, last Fifteenth Congress.
REP. IA O. REYES

Lone District, Marinduque


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

House Brit No. _! 3!

Introduced by Representative REGINA O. REYES

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

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 driver
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 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 organizations for the purpose of warning motorists of dangers
along the road.

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


SECTION 4. 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 zig-zag-ing sections of roads,
railing, and similar devices. Man-hole covers shall also be included as part of
accident 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 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 under Section 4 of this Act or accessories thereof;

2. Selling and buying of stolen traffic 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 penalties shall apply to violation
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 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 Fifty

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;


3. 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 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.

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.