AN ACT PENALIZING THE UNAUTHORIZED TAKING

Case Overview and Summary

Summary of Republic Act No. 10344 (Risk Reduction and Preparedness Equipment Protection Act)

Declaration of Policy (Section 2)
- The State shall protect the people's right to a balanced and healthful ecology.
- The State shall create, develop, maintain, and improve conditions for harmony between man and nature.
- All government agencies shall institute measures to ensure public safety through data gathering devices and risk reduction warning systems.

List of Government Risk Reduction and Preparedness Equipment (Section 3)
- The Department of Science and Technology (DOST), in coordination with PAGASA, PHIVOLCS, and NDRRMC, shall provide a list of all government risk reduction and preparedness equipment, accessories, and other vital facility items.
- The list includes but is not limited to radars, weather forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems, and automated weather systems.
- The list shall be regularly updated and provided to government agencies engaged in disaster preparedness.
- Definition of "government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof" is provided.

Prohibited Acts (Section 4)
- It is unlawful to:
    a) Steal, take, or possess any of the equipment or parts thereof (Section 4a).
    b) Sell or buy stolen equipment or parts thereof (Section 4b).
    c) Tamper, dismantle, or disassemble equipment or parts thereof (Section 4c).
    d) Attempt to commit any of the above prohibited acts (Section 4d).
    e) Benefit from the proceeds or fruits of any of the above prohibited acts (Section 4e).

Prima Facie Evidence (Section 5)
- Possession or custody of any government risk reduction and preparedness equipment, accessories, or parts thereof without proper authority shall be prima facie evidence of the offense.
- Such equipment or parts may be immediately confiscated.

Penalties (Section 6)
- Stealing, unauthorized taking, possession, selling, or buying:
    - Imprisonment of 12 to 15 years or a fine of P1,000,000 to P3,000,000, or both (Section 6a).
- Unauthorized tampering, dismantling, or disassembling:
    - Imprisonment of 6 to 10 years or a fine of P500,000 to P1,000,000, or both (Section 6b).
- Attempting to commit any prohibited act:
    - Imprisonment of 6 to 8 years or a fine of P500,000 to P1,000,000, or both (Section 6c).
- Unlawfully benefiting from the proceeds or fruits of any prohibited act:
    - Imprisonment of 2 to 7 years or a fine of P200,000 to P500,000, or both (Section 6d).
- Payment of the full cost of repair or replacement shall also be imposed.

Penalty for Government Officers or Employees (Section 7)
- Any government officer or employee who assists in the commission of any prohibited act shall suffer the same penalty.
- They shall be administratively dismissed from service, forfeit all government benefits, and be perpetually disqualified from holding public office.
- Prosecution under this Act shall not bar filing of cases under other laws like the Anti-Graft and Corrupt Practices Act, Code of Conduct for Public Officials, and Anti-Plunder Law.

Non-Applicability on the Provisions of Theft of the Revised Penal Code (Section 8)
- Prosecution under this Act shall bar any prosecution arising from the same act under Articles 308, 309, 310, and 311 of the Revised Penal Code.

Public Education and Information (Section 9)
- At least once a year, the DOST and NDRRMC shall disseminate information and conduct continuing education on the provisions of this Act through media and other lawful means.
- This shall commence within 60 days from the approval of the implementing rules and regulations.
- The dissemination shall aim to develop public awareness of the ill effects of the prohibited acts and community-based solutions to prevent them.
- It shall encourage the public, NGOs, and POs to safeguard and protect the equipment within their areas of jurisdiction.

Implementing Rules and Regulations (Section 10)
- Within 90 days from the effectivity of this Act, the Secretary of Science and Technology shall, in coordination with the NDRRMC, issue the implementing rules and regulations.

Separability Clause (Section 11)
- If any part or provision of this Act is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.

Repealing Clause (Section 12)
- All other laws, presidential decrees, executive orders, rules and regulations, or parts thereof which are inconsistent with any provision of this Act are hereby repealed, amended, or modified accordingly.

Effectivity (Section 13)
- This Act shall take effect 15 days after its publication in the Official Gazette or in two national newspapers of general circulation.