Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
‘Third Regular Session

ouss sui wo. 6888

Introduced by Hon. ANGELO B. PALMONES

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
traflic 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

" National Statistics Office


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 if
aiter 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 Museum as 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 prison correctional to prison mayor or reclusion
temporal. These penalties do not fit the offense of theft or damage of trafic
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 traific 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 be enacted into law
the soonest time possible.

ANGI PALMONES
Representative, AGHAM Party-List

* De Leon, M. R., P Cal and R.G. Sigua. Estimation of Socio-economic Cost of Road Accidents in Metro
Manila. Journal of the Eastern Asia Society for Transportation Studies, Vol. 6, pp. 3183 - 3198, 2005


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

House Bit wo. __6 886

Introduced by Hon. ANGELO B. PALMONES

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

SECTON 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.

likewise unlawful to store, keep in inventory such traffic signs and warning
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, railings, 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;

Selling and buying of stolen traffic signs and warning devices listed
under Section 4 of this Act or accessories thereof,

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 violations 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.