Special Penal Laws of the Philippines

RA 10344

AN ACT PENALIZING THE UNAUTHORIZED TAKING, STEALING, KEEPING OR TAMPERING OF GOVERNMENT RISK REDUCTION AND PREPAREDNESS EQUIPMENT, ACCESSORIES AND SIMILAR FACILITIES

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

Section 1. Short Title. – This Act shall be known as the "Risk Reduction and Preparedness Equipment Protection Act".

Section 2. Declaration of Policy. – It is the policy of the State to protect the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall continue the policy to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. Towards this end, all government agencies are mandated to institute measures to ensure the safety of its citizens and their properties through the installation of data and information gathering devices and the network of national and local authorities to disseminate risk reduction warning and advice.

Section 3. List of Government Risk Reduction and Preparedness Equipment and Other Vital Facility Items. – The Department of Science and Technology (DOST) shall, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), the Philippine Institute of Volcanology and Seismology (PHIVOLCS) and the National Disaster Risk Reduction and Management Council (NDRRMC), provide a list of all government risk reduction and preparedness equipment, accessories and other vital facility items such as, but not limited to, radars, weather forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems and automated weather systems.

The complete list of government risk reduction and preparedness equipment, accessories and other vital facility items shall be provided jointly by the DOST and the NDRRMC to government agencies engaged in disaster preparedness. The list shall be regularly updated.

For purposes of this Act, "government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof refer to pieces of equipment or devices, or parts thereof that gather, store, archive or monitor meteorological and seismological data and information which are analyzed and used to warn the public about weather conditions, earthquake, volcanic or tsunami activities and similar natural calamities.

Section 4. Prohibited Acts. – The government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof shall, at all times, be protected and it shall be unlawful for any person to commit any of the following acts:

(a) Steal, or take, or possess any of the equipment, or any part thereof;

(b) Sell or buy stolen equipment or any part thereof;

(c) Tamper, dismantle, or disassemble equipment or any part thereof;

(d) Attempt to commit any of the abovementioned prohibited acts; and

(e) Benefit from the proceeds or fruits of any of the abovementioned prohibited acts knowing that the proceeds or fruits are derived from the commission of said prohibited acts.

Section 5. Prima Facie Evidence. – The possession or custody of any government risk reduction and preparedness equipment, accessories and other vital facility items, or any part thereof, as defined in Section 3 hereof, by any person, natural or juridical, without proper authority shall be prima facie evidence that such instrument, part or accessory, is the fruit of the offense defined in Section 4 hereof and therefore such equipment, instrument, accessory, or other vital facility items, or parts thereof may be immediately confiscated from the person in possession, control or custody thereof.