FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'11 
JAN 17 P 5 :56 
SENATE 
S, No. 2638 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
Explanatory Note 
The recent incidents of theft of flood warning devices in Pangasinan and Tarlac 
are very alarming, to say the least. These devices were installed under the bridges at 
the Agno River in Bugallon, Pangasinan and in Barangay Tibag in Tarlac City. These 
flood monitoring devices are being used by the P.hilippine Atmospheric, Geophysical 
and Astronomical Services Administration (PAGASA) to measure the volume, depth, 
and speed of the water current when flooding occurs. It is suspected that these devices 
were stolen and sold to junkshop for its copper and other metal parts. Each unit costs 
One million pesos and the devices were donated by the Japanese International 
Cooperating Agency to the Philippine government. 
Though, the prices of these devices may not be expensive, we could not discount 
the value it provides to the affected communities. Such warning devices may prevent 
the destruction of properties and loss of lives during the occurrence of floods, disasters 
and other calamities. Thus, the safety and continued operation of these devices are of 
paramount concern to the government and our people. It seems that the perpetrators of 
this crime have become so callous and insensitive to set aside its significance in 
disaster risk reduction and prevention for personal gain and profit. 
This representation believes that it is thus timely to severely penalize the 
commission of this crime, the perpetrators, their cohorts and the unauthorized 
possession of flood warning devices and similar disaster warning and risk reduction 
devices being used and operated by the govern merit. 
By imposing stiffer penalties for the theft an9 tampering of disaster warning and 
risk reduction devices, this bill is envisioned to minimize if not eradicate the perpetration 
of such crimes. 
Hence, approval of this bill is earnestly sought. 
• 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'11 
JAN 17 P5 :56 
SENATE 
S. No. 2638 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
PENALIZING THEFT AND TAMPERING OF DISASTER WARNING AND 
RISK REDUCTION DEVICES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
Section 1. Short Title. - This Act shall be referre~ to as the "Disaster Warning and 
2 
Risk Reduction Devices Anti-Theft Act of 2011. " 
3 
4 
Section 2. 
Theft of Disaster Warning and Risk Reduction Devices. -
It is hereby 
5 
declared unlawful for any person to: 
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(a) Dismantle, separate, remove, transfer or parry away any disaster warning and 
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risk reduction device from any installation or any other place or site where it may 
8 
be rightfully or lawfully installed, stored, d~posited, kept, stocked, inventoried, 
9 
situated or located, without authority from the government or any of its 
10 
instrumentalities, whether or not the act is done for profit or gain; and 
11 
(b) Store, possess or otherwise keep in his premises, custody or control, any 
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disaster warning and risk reduction device without authority from the governrnent 
13 
or any of its instrumentalities, whether or not' the act is done for profit or gain. 
14 
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Section 3. Tampering of Disaster Warning and Risk Reduction Devices - It is hereby 
16 
declared unlawful for any person to tamper, dama,ge, or destroy any disaster warning 
17 
and risk reduction device or allow the same to be so tampered, damaged, or destroyed 
18 
as to interfere with the proper or accurate functions of such disaster warning and risk 
19 
reduction device. 
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Section 4. 
Disaster Warning and Risk Reduction Devices -
For purposes of the 
22 
preceding sections, "disaster warning and risk reduction devices" refers to the set 
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of capacities that generate and disseminate timely and meaningful warning or 
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1 
information to enable individuals, communities and organizations threatened by a 
2 
disaster or hazard to prepare and to act appropriately and in sufficient time to avoid or 
3 
reduce the possibility of harm or loss, such as, but not limited to: 
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(a) Flood Monitoring Device; 
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(b) Weather Forecasting Equipments; 
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(c) Doppler Radar; 
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(d) Seismographs; 
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(e) Tsunami Waming Systems; 
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(f) Other devices used, owned, and/or operated by the government and its 
10 
agencies such as the Philippine Atmosp~eric, Geophysical and Astronomical 
11 
Services Administration (PAGASA), Phitippine Institute of Volcanology and 
12 
Seismology (PHIVOLCS), Department of Science and Technology (DOST) 
13 
and National Disaster Risk Reduction and Monitoring Council (NDRRMC); 
14 
and 
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(g) Such other disaster waming and risk reduction devices analogous to the 
16 
foregoing. 
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The NDRRMC in coordination with DOST: PAGASA, PHIVOLCS, and other 
19 
concemed agencies shall identify the other disaster waming and risk reduction devices 
20 
within ninety (90) days upon the effectivity of thi,s Act. 
The complete list shall be 
21 
fumished the Department of Justice to serve as reference in filing the appropriate cases 
22 
in court. The abovementioned list shall be updated by the NDRRMC every five (5) 
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years. 
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25 
Section 5, Prima Facie Evidence. - Mere possession, control, or custody of any of the 
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disaster warning and risk reduction devices found in the preceding section, in the 
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absence of any valid written authority to possess, control, or have custody of the same, 
28 
shall be prima facie evidence of violation of Section 2 hereof and therefore such' 
. 29 
disaster warning and risk reduction device(s) may be confiscated from the person in 
30 
possession, control, or custody thereof. 
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Section 6, 
Incentives. - An incentive scheme by way of a monetary reward in the 
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amount of Ten Thousand Pesos (Php 10,000.00) shall be given to any person who shall 
34 
report to the police authorities any act which constitutes a violation of Section 2 and/or 
35 
Section 3 hereof. The Department of Interior and Local Government in consultation with 
36 
the NDRRMC, Philippine Atmospheric, Geophysical and Astronomical Services 
37 
Administration (PAGASA), 
Philippine Institute 'of Volcanology and Seismology 
38 
(PHIVOLCS), the Local Government Units, and other concerned government agencies, 
2 


1 
shalf issue the necessary guidelines for the proper hnplementation of this scheme within 
2 
Thirty (30) days from the effectivity of this Act. 
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Section 7. Penalties. - (a) Violation of Section 2. - The penalty of twelve to fifteen (12 
5 
- 15) years imprisonment or a fine ranging from Two Hundred Thousand Pesos (Php 
6 
200,000.00) to Three Hundred Thousand Pesos' (Php 300,000.00) or both, at the 
7 
discretion of the court, shall be imposed on any person found guilty of violating Section 
8 
2 hereof. 
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(b) Violation of Section 3. - The penalty of six to ten (6 -10) years imprisonment 
11 
or a fine ranging from One Hundred Thousand Pesos (Php 100,000.00) to One Hundred 
12 
Fifty Thousand Pesos (Php 150,000.00) or both, at the discretion of the court, shall be 
13 
imposed on any person found guilty of violating Section 3 hereof. 
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(c) Provisions common to violations of Section 2 and Section 3 hereof. - If the 
16 
offense is committed by, or in connivance with an officer or employee of the government 
17 
or any of its instrumentalities, such officer or employee, shall, upon conviction, be 
18 
punished with a penalty of fifteen to twenty (15 - 20) years of imprisonment or a fine 
19 
ranging from Three Hundred Thousand Pesos (Php 300,000.00) to Five Hundred 
20 
Thousand Pesos (Php 500,000.00) or both, at thepiscretion of the court, and forthwith 
21 
be dismissed and perpetually disqualified from government service. 
22 
23 
If the offense committed constitutes a violation of both Section 2 and Section 3 
24 
hereof, then the penalty of twelve to fifteen (12 -
15) years imprisonment or a fine 
25 
ranging from Two Hundred Thousand Pesos (Php 200,000.00) to Three Hundred 
26 
Thousand Pesos (Php 300,000.00) or both, at the discretion of the court, shall be 
27 
imposed. 
28 
29 
Section 8. Non-applicability of Articles 308, 309, 310 and 311 of the Revised Penal 
30 
Code. 
- Articles 308, 309, 310 and 311 of the Revised Penal Code shall not be 
31 
applicable to cases contemplated or enumerated in Section 2 hereof. For theft cases 
32 
contemplated or enumerated under Section 2 hereof, the provisions in this Act shall 
33 
apply. 
34 
Failure of the government prosecutors to charge theft cases under this Act shall 
35 
constitute an administrative offense on the part of the concerned government 
36 
prosecutors. 
37 
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1 
Section 9. Separaba/ity Clause. - Any portion or provision of this Act which may be 
2 
declared unconstitutional or invalid shall not have the effect of nullifying other portions 
3 
or provisions hereof. 
4 
5 
Section 10. Repealing Clause. - All other laws, ordinances, rules, regulations, and 
6 
other issuances or parts thereof, which are inconsistent with this Act, are hereby 
7 
repealed or modified accordingly. 
8 
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Section 11. 
Effectivity Clause -
This Act shaH take effect immediately after its 
10 
publication in two (2) Newspapers of general circulation. 
11 
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Approved. 
4