Dear PAO,

My cousin’s live-in partner is being investigated for allegedly stealing an apparatus, which is supposedly part of the government’s risk reduction equipment used for weather monitoring. My cousin was informed that her live-in partner can be incarcerated for at least twelve years. Is this true, even if the stolen items are just small parts? Please advise.

Roela

Dear Roela,

Republic Act (RA) 10344, otherwise known as the “Risk Reduction and Preparedness Equipment Protection Act,” mandates the safeguarding of government properties which are utilized as risk reduction and preparedness equipment, accessories, and other vital facility items, or parts thereof. Stealing, taking, possessing said equipment, accessories, items or part thereof, and such other unauthorized acts, are prohibited. Specifically, it is provided under Sections 4 and 5 of RA 10344:

“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.” (Emphasis and underlining supplied)

If your cousin’s live-in partner is proven to have stolen even just a part of a government apparatus or equipment which is used for risk reduction and preparedness, he or she may face incarceration for a period of not less than twelve years but not more than fifteen years. To be certain, Section 6 (a) of RA 10344 provides:

“Section 6. Penalties. – The following penalties are hereby imposed:

“(a) The penalty of imprisonment of not less than twelve (12) years but not more than fifteen (15) years or a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of stealing or unauthorized taking or possession without authority or selling or buying with intent to gain of any stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof;

x x x” (Emphasis and underlining supplied)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]