Republic of the Philippines
HOUSE OF REPRESENTATIVES

Intratuced by HONORABLE ROMERO FEDERICO “MIRO” 8. QUIMBO,

EXPLANATORY NOTE

Vhe alarming increase in res: invidences of theft of government risk reduction and
preparedness equipment, avovsseries, parts and other vital facility items warrant an upzrading
of our existing Jaws on theft and robber nce December 2010. thefts have ovcurred in four
14} out of thirty (30) fully automatic raintall and water level gauging stations. in the upland
stations oF the Agno River Basin, and the Meyapyup station at the Nueva Ecija side of the
Pampanga River Basin, The government risk reduction and preparedness equipm
accessories or parts that were stolen. which cost millions of pesos, were said to be sold 10
Junkshops for two hundred pesos or less

The recent series of theils rendersd our county s need for an upgrade in risk
reduction and preparedness equipment c.cre acute and imperative, More impertantly. it
endangers the fives of the Filipinos especially those who reside in floodeprone areas. like the
Second District of Marikina City.

This hill seeks to prevent, if not completely eradicate, the dangerves practice of
stealing vital government risk reduction and preparedness equipment. accessories or puts
through a two-pronged approach, First, st secs to deter possible offenders by imp
penalties for the off ense of Stealing. 12!

vernment risk reduction and preparedaess equipment throu
ination in partnership with toval government units, Most of the
mand preparedness equipment accessories or parts simply
importance in ensuring the efficiency of our
cof this bil! seek to address this.

oval of this bill is stromata mended

of vital
intormation disse
wernment risk reduc
ause they have little to nil anpreviati
wcather reporting system. The prescrip:

In view thereof, the expedient

ROMERO FEDERIGO “MIRO
Repiesemative
Secund District Marikina City

QLIMBO


Republic ¢f the Philippines
HOUSE OF REPRESENTATIVES
Quezon Cit

FLIETEENTH CONGRESS
Second Regular Session

House Bia.NO. __ BL7S

Introduced by Rep. Romero Federico “Miro” 8, Quimbo

AN ACT IMPOSING STIFFER PENALTIES ON TAE OFFENSE OF STEALING OR

TAMPERING WITH. GOVERNMENT RISK REDUCTION AND PREPAREDNESS

EQUIPMENT, ACCESSORIES. PARTS AND OTHER VITAL PACYLITY [TEMS
AND FOR OTHER PURPOSES

Be tr enacted by the Sonar and Jose of cas ofthe Plippines im Congress sscomitnd:

SECTION 4, Title, — (his Act shail be known as the “Ami-Pilferage of Government Risk
Reduction and Preparedness Equipment Act of 2011."

SRC. 2. Declaration of Policy. - it is hereby deciared the policy of the State to protect
the tide, liberty and property of ts citizens, This includes ensuring the saity. security
welfare and preparedness of the pecple in times of natural calamities, Government risk
reduction and preparedness equipment. avcessories and other vital facility items ere eritical
for the government in the pertimmance of this mandate, The State shall therefore adopt
measures to secure government risk reduction and preparedness equipment, accessories and
her vital facility items.

SEC, 3. Definition of Government Risk Reduction and Preparedness Equipment,
Accessories and ather vital facility items, or parts thereuf. ~ For the
“government risk reduction and preparedness equipment, accessories and other vital facility
tems, of parts thereof shali mean pieces nf equipment or devices, or parts thereof that gather
icat data and information which are analyzed and used in
¢ weather. earthquake, voleanie or tsunanti activities and other

wurpaose of this

mei¢orological and seismot
warning the public regar
rerural calamities,

‘The Department of Science and Tes (DOST) through the Philippine \
Geophysical and Astronomical Services Administration (PAGASAY and the Philippine
Institute of Volcanology and Seismology (PHIVOLCS) or any 01

ational Disaster Risk Reducti Manazemeat Council {NORRMC)
veroment risk reduction and preparcdness equipment, accessories and other vital icity

items such as but not limited to: radars, weather forecasting equipment, five
instruments, seismographs, tsunami warning systems, automated weather syste



The complete list of government risk reduction and preparedness equipment, accessories

sd other vital theitiry items shal be provided jomtly by the BOST and the Ni
concemed government agencies for the purpose of
ist shall be updated as the need arises

AC 1

implementing the provisions of this Act.

SEC, 4. Punishable actions undgr this et
At:

(a) Unlawful taking of any device cr instrument or piece of equipment, o¢ a part thereof
sted under Section 3 of this Act or accessories thereof:

Jon, without authority
fisted under Section 3

-y devine or Instrument or piece of equipment. or a

pan thereof Act,

fe) Sclling and/or buying of stolen device. instrument or piece of equipment, or 2 part
ervol, sted under Section 3 of this Act:

(d) Tampering, dismantling, disassembling of any device, instrament or piece of
equipment. or a part thereof, listed under Seetion 3 of Hs Act

(e) Attempting (o commit any of the prohibited acts enumerated in section 4 (aj to MU):
and

() Benefiting from the procecds yr truits of amy of the prohibited acts enumerated in
section 4 (a) t (e) despite knowing that such proceeds or fruits are sourted from the
commission of said prabibited acts and provided that the person benetitting from the said
proceeds or fruits is not liable for any af the prohibited acts enumerated in section 4 iat toe).

SRC. §. Prima Facie Lvidence. — Tne possession or custody of any government risk
reduction and preparedness equipment. ascesseries and other vital facility items, or pars
therwof, as defined in Scotion 3 hervof. by ary person. natural or juridical, without proper
authority shall be prima facie evidence that such instenment, part o¢ aczessory, is the truit of
the offense defined in Section 4 hereof and therefore such instrument or accessory may be
immediately confiscated from the person in possession, contro} or custody therea

SEC. 6. Penalties. - The follo ie:

ball apply 20 vinlations under this Act

(3) Uaiawful taking or possession without authority of government risk reduction and
preparedness equipment. accessories and other vital facility items, ora part thereat or selfing
ving of stolen government risk reduction and preparedness equipment. accessories a1
vier vital facility items. or # par hereof, - The panchy of twelve (12) to fifteen (15) years
imprisonment or a fine nan
Hundred Thousand Peso
imposed upon any person foun:

disaster waming and risk reduction insuments. or parts thereof, as defined in Section 3 «
this Act:

(i Tampering, dismantling, or disassembling of any device. S
goverment risk reduction and preparedness equipment, accessories and other vital facitin

items. of @ part thereof. — The penalty of six (8) 30 ten (10) vears Imprisonment or a fine



B ).000.00) or both
yound gniiry of tampering, dismantiing,
preparediiess equipment, accessories
in Sect Act

@ court. shali be imposed upon
assembling government risk rox
4 facility items, or parts thereo

fon 3 of th

{c} Atvempting to commit any of the prohibited acts enumerated in section 4 (a) 1 id}
The penalty: of six (6) to eight (8) yours ent or a fine ranging font Cnt
Thousand Pesos ¢P 100,000.00) to One Hlandred Fifiy Thousand Pesus «P !50,060.00) ve
both, at the discretion of the cour, shal! be imposed upon any person found
tampering. dismantling, or disassembiing government risk reduction and preparedness
equipment, aocessories and other vi ity items. or parts thereof. as detined in Sestion
of this Act:

(dt Benefiting trot ie proceeds or fruits of any of the prohibited acts enumerated in
section 4 (a) te (e) despite knowing thet such proceeds or fruits are sourced from the
commission of said prohibited acts and provided that the person benefitting from the said
scveds or fruits is ait Hable Hr any of the protibited acts enumerated fe sootlen 4 221 19 (ES
~The ponally of twy years (2) to s¢veu oars 17} yeaLs impelsonnucut oF @ foe ranging from
One Hundred Thousand Pesos (P 119,000.00; t One Hundted Fitty Thousand Pesos (P
10,000.00) of both, at the diseresica of zhe cour. shal! be imposed upon any person found
guilty of benelitting from the proceeds or friits of any of the prohibited acts enumerased! sn
section 4 {a} to re} despite knowing that such proceeds or fruity are seurced ftom the
commission of said protibited acts and provided that the penion benefitting from the said
proceeds or fruits is not liable for any of the prohibited acts enumerated in section 4 ab 19 (e):
andl

(e) In addition to the criminal penaities. any person found guilty of commiting any of the
prohibited acts enumerated in section + shall be civilly Hiable to pay the full cost of repair or
replacement of the government risk reduction and preparedness equipment, accessurivs und
other vital facility items, ot pats therent, which is the object of the crime,

SEC. 7. Penalty for Government Officiats or Employees Who Assist Persons in the
it 5 ees Who shah

4 shall suffer

stany’ person in the corm
the same penalty imposable on the nun
assisted. In addition, such government ert
service and all his or her benefits thom

vee shall be admis I
government forfcited ‘The criminally or
administratively guilty government empiovee shall be perpetually disqualified fom
service

The same penalty provided in the preceding parawraph shall be imposed on any
vemment prosecutor who shall refuse to charge or prosecute violators of thi
ignt qvidence to establish probable cause.

Ace despite

Prosecution or conviction under this .\ci shall not bar the filing of cases for violation of
epublic Act No, 3019, as anlended, Republic Act No. 6713. Republic Act No, 7889 and
other laws.



SEC. 8. Non-applicability of some provisions of the Revised Penat Coie. ~ Att
309. 310 and 311 of the Revised Penal Code shail not be applicable to cases contempisied oF
enumerated in this Act, For theft cases. the provisions of this Act shat! appiy.

SEC. 9. Information Dissemination. - The DOST. NDRRMC and local
units (LOLS) shall, in cooperation
the public of the provisions of thi
and at least once a year thersafter,

averunent
to inform
of this Act

er undertake a vigorous camp:
s Act, within sity (60) days from the effectivity

SEC. 10. Public Education and Information. — Yee HOST and NORRMC shall. in
coordination with the local government units (LGUs) and non-government! o
(NGOs) or people's organtrat sing, ede
and such education and in

condy

{a} Aim (o develop public awareness of the ill-effects of stealing, tampering and buy ing
and selling of stolen government risk reduction ane preparedness equipment. accessories and
other faciity items, or parts ther used solutions to prevent the
occurrence of such offense: and

(by Encourage the generai public, NGOs and people's organizations to safeguard and
protect these government risk reduoring and preparedness equipment, accessories and other
Vital facility items, or parts thereof. within their areas of jurisdiction,

SEC. 11. Implementing Rules and Regulations. The DOSY ant NORRME shail issue
Within one hundred eighty (180) days from the date of approval of this Act, the implementing
rules and regulations for this Act.

SEC. 12. Separabitity clave, - The invalidity oF unconstiustionality of any portion or
provision of this Act shalf not invalidate the validity and effectivity of the other portions or
provisions hertof.

SEG. 13, Repeating clause. - Ali other laws, ordinances, rules. 1
issuances or paris thereof, whic are ince

modified accordingly.
SEC. 14. Effectiviy clause. This \ct shall take effect fitteen (15) days after i
publication in the Official Gusete or in at least two (2) national newspapers of ge

circu

Approved,