REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session
3245.

House Bill No."

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

EXPLANATORY NOTE

The Philippines, along with some islands and states, sits within the Pacific Ocean where both
the Pacific Ring of Fire and the Typhoon Belt are located. The Ring of Fire is a 25,000-mile range that
contains 75% of the world’s active voleanoes and serves as the converging point of the world’s tectonic
plates. As a result, 90% of Earth’s earthquakes occur along its path, including the planet’s most violent
and dramatic seismic events.' The Belt, also known as Typhoon Alley, produces around 80 tropical
depressions annually. Twenty of these enter the Philippines and almost half make landfalls*, raining
down destruction and wreaking havoc along its path. We are also heavily affected by El Nifio, a natural
phenomenon where the ocean gets warmer and bringing extended dry spells to our lands. When this
occurs, it is only a matter of time before strong typhoons smash into our country; causing billions of
pesos in damages and much worse, thousands of deaths among many of our fellow countrymen.’ In
2009, we suffered £1 Nifio and of September that year, Typhoon Ketsana, locally known as Ondoy, hit
the country, affecting 993, 227 families and placing the whole Metro Manila and 30% of our provinces
under the state of calamity

are some serious and detrimental risks that need to be addressed with a more
jive and more cohesive steps of action to ensure the safety of our people, especially those
residing at high-risk areas. The objective of this bill is to create a consolidated department that has the
authority and capability to counter such threats posed by natural disasters by providing a highly
coordinated programs and/or standard operating procedures. In addition, this Department is designed
with the aim of decreasing, if not totally stopping, the casualties brought about by such calamities.

As Filipinos, we are known for our outstanding resiliency in the face of adversity. We have
endured an inexhaustible number of disasters—from devastating earthquakes, catastrophic volcanic
eruptions to deadly typhoons. We have outlasted them all since time immemorial but be that as it may,
our natural resiliency is not an excuse to let things be and allow more Filipinos to suffer when we could
give them the chance not to, The government, as the guardians of this nation, bears the ultimate
responsibility to better prepare, if not fully protect the state in the form of calamities—both natural and
man-made.

It is for the aforementioned reasons that the urgent passage of this bill is immediately sought.

AU . GOB ZALES, JR.
District’ Pampanga

* hups://www nationalgeographic org/encyclopedia/ring-fire/
? hutps./www.dw.com/en/philippines-a-country-prone-to-natural-disasters/a-17217404
* https.//panahon, ty/beta/v2/web/blog/20 19/03/typhoons-occur-during-el-nino-true-or-false-2/



REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES.
Quezon City

Eighteenth Congress
First Regular Session

3245

House Bill No. if

AN ACT CRE,
|AGEME!

ING THE DEPARTMENT OF DISASTER AND EMERGENCY
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS.
. THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.
SECTION I. Short Title. - This Act shall be known as the “Disaster and Emergency Management
Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State

a) To uphold the sacredness and dignity of human life by efficiently and effectively addressing
humanitarian emergencies, including calamities and disasters, through the establishment of a
focused, streamlined, independent, empowered, full-time, and specialized agency on disaster
risk reduction and management as well as emergency response, which is national in scope and
civilian in character. The people are the most important assets of the nation, and all disaster risk
reduction and management efforts shall be responsive to the humanitarian needs of the people,
the dignity and value of the human person, and respect for property;

b) To promote a simplified, strategic, systematic, continuous, comprehensive, inclusive, and
integrated approach to disaster risk reduction and management, with the end in view of
substantially reducing vulnerabilities and the risk of+disasters and other humanitarian
emer towards the preservation of life and property, thereby ultimately preventing or
deterring the loss of lives and the social, economic, cultural, and environmental agsets of the
country;

c) ‘To establish a permanent, institutionalized, cohesive, and comprehensive framework for
disaster preparedness, prevention and mitigation, and response, to be implemented by a full-
time and focused specialized agency with its own mandate, powers, and funding, in
coordination with other governmnent agencies, foreign governments, financial institutions,
international organizations, the private sector, and civil society. In disaster risk reduction and
management, disaster prevention and mitigation shall, first of all, aim the outright avoidance of
the adverse impacts of hazards and related disasters. However, with the knowledge and
capacities to effectively anticipate, respond to, and recover from, the impacts of likely,
imminent, or current hazard events or conditions, preparedness action shall be carried out in the
most effective and efficient manner. In a disaster scenario, the response shall ensure the
provision of emergency services and public assistance, before, during, or immediately after, a
disaster, and



d) To create an integrated, systematic, comprehensive, and cohesive plan to simplify, streamline,
integrate, and coordinate the various programs, projects, ahd activities of the Government and
such other actors/stakeholders in disaster risk reduction and management to ensure
accountability, responsibility, and transparency, as well as to achieve efficiency and
effectiveness in the performance of their functions.

SEC. 3. Definition of Terms. - As used in this Act
a) Contingency Planning — a management process that analyzes specific potential events or

emerging situations that might threaten society or the environment and establishes
arrangements in.advance to enable timely, effective, and appropriate responses to such events and
situations;

b) Disaster — a serious disruption of the functioning of a community or a society involving
widespread human, material, economic, or environmental losses and impacts, which exceeds
the ability of the affected community or society to cope using its own resources;

©) Disaster and Emergency Management — the organization and management of resources and
responsibilities for addressing all aspects of disasters and emergencies, in particular
preparedness, response, and initial recovery steps;

d) Emergency — any occasion or instance for which, in the determination of the President, national
assistance is needed to supplement local government efforts and capabilities to save fives and to
protect property and public health and safety, or to lessen or avert tire threat of a catastrophe in
any part of the country;

e) acuation Cenjers and Facilities — permanent and typhoon-resilient structures equipped with
facilities constructed exclusively for evacuation and humanitarian relief operations during

disasters and emergencies;

f) Geographic Information System — a database which contains, among others, geohazard
assessments, information on climate change, and climate risk reduction and management;

2) Government — includes the National Government, and any of its subdivisions, agencies, or
instrumentalities, including government-owned and controlled corporations and_ their
subsidiaries, and local government units,

h) Hazard ~a dangerous phenomenon, substance, human activity, or condition that may cause loss
of life, injury, or other health impacts, property damage, loss of livelihood and services, social
and economic disruption, or environmental damage;

i) Humanitarian — one devoted to the promotion of human welfare an advancement of social
reform,

j) Response ~ any and all projects, programs, plans, or activities aimed at preventing, mitigating,
and/or preparing for disasters and other humanitarian emergencies. This includes, but is not
limited to, the provision of emergency services and public assistance during or immediately
afier a disaster; and

k) State of Calamity — a condition involving mass casualty and/or major damages to property,
disruption of means of livelihood and the normal way of life of the people in the affected areas
as a result of the occurrence of natural or human-induced hazard.


L
‘The Department Proper

SEC. 4. Department of Disaster and Emergency Management. - To carry out the above-declared
policy, there is hereby created the Department of Disaster and Emergency Management, hereinafter
referred to as the Department, which shall prepare, integrate, coordinate, implement, supervise, control,
monitor, and evaluate all plans, programs, projects, and activities of the Government on hiimanitarian
emergency assistance and disaster risk reduction and management.

SEC. 5. Powers.and Functions. - In addition to the powers and functions provided by this Act, the
Department shall also assume the policy-making, coordination, integration, supervision, monitoring,
and evaluation functions currently lodged with the existing National Disaster Risk Reduction and
Management Council (NDRRMC), and shall take over all of the latter's responsibilities enumerated in
Section 6 of Republic Act No. 10121. It shall also assume the powers and functions of the Office of the
Civil Defense (OCD) as enumerated in Section 9 of Republic Act No. 10121

To this end, all references to the powers and functions of the NDRRMC and the OCD in
Republic Act No, 10121 shall be understood to refer to the Department created under this Act.

The Department shall also have administrative supervision and control over the existing
Regional Disaster Risk Reduction and Management Offices (RDRRMOs), and the Local Disaster Risk
Reduction and Management Offices (LDRRMOs), organized in all provinces, cities, municipalities,
and barangays in the country, which are hereby thereafter called Regional Disaster and E cy
Management Offices (RDEMOs) and Local Disaster and Emergency Management Offices (LDEMOs),
respectively. .

The Department shall also cause the identification, establishment, and maintenance of
permanent evacuation centers and facilities in priority cities and municipalities.

SEC. 6. Composition.,- The Department Proper shall be composed of the Office of the Secretary, the
Offices of the Undersecretaries and Assistant Secretaries, and the Department Bureaus, as well as
Regional and Local Offices.

‘The Provincial, City, Municipal, and Barangay Disaster and Emergency Management Offices
and Rescue Teams shall be under the control and supervision of their respective local government
units. The Department shall exercise supervisory power over such offices.

SEC. 7. Office of the Secretary. - The Office of the Secretary shall consist of the Secretary and his or
her immediate staff.

C. 8, The Secretary. - The Secretary shall be appointed by the President, subject to confirmation by
the Commission on Appointments.

‘The Secretary shall have the following powers and functions:

a) Advise the President in issuing executive orders, regulations, proclamations, and other
issuances, the promulgation of which is expressly vested by law in the President relative to
matters under the jurisdiction of the Department;

b) Establish the pélicies and standards for the effective, efficient, and economical operation of the
Department pursuant to a national disaster risk reduction and management framework which
shall provide for a comprehensive, all-hazards, multi-sectoral, inter-agency, and community-
based approach to humanitarian emergency assistance and disaster risk reduction and
management, in line with Section 6 (a) of the Philippine Disaster Risk Reduction and
Management Act of 2010;

c) Promulgate rules and regulations necessary to carry out department objectives, policies,
functions, plans, programs, and projects;


d)  Promulgate administrative issuances necessary for the efficient administration of the offices
under his/her jurisdiction and for the proper execution of the laws relative thereto;

e) Exercise direct supervision and control over all functions and activities of the Department, as
well as supervision over its officers and personnel;

1) Create regional offices and such other service units and divisions, as may be necessary; and
z) Perform such other functions as may be necessary and/or proper to attain the objectives of this,
Act.

SEC. 9. The Underseeretaries, - The Secretary shall be assisted*by three (3) Undersecretaries in the
performance of the Department's functions and duties related to the pillars of disaster risk reduction
and management, namely, (a) disaster preparedness, (b) disaster response, and (c) disaster’ prevention
and mitigation. Another undersecretary shall be in charge of administrative and finance services.

‘The Undersecretaries shall be appointed by the President upon the recommendation of the
Secretary. They shall have the powers and functions, as provided for in Section 10, Chapter 2, Book 1V
of the Administrative Code of 1987, relative to the scope of their responsibilities as provided above

‘The Office of the Undersecretaries shall consist of the Undersecretaries and their respective
immediate staff

SEC. 10. The Assistant Secretaries. - The Secretary shall be assisted by three (3) Assistant
Secretaries, one (1) for training, one (1) for operations, and one (1) for legal affairs. The Assistant
Secretaries shall be appointed by the President upon the recommendation of the Secretary

SEC. 11. Qualifications. - No person shall be appointed Secretary, Undersecretary, or Assistant
Secretary of the Department, unless he or she is a citizen and resident of the Philippines, of good moral
character, and of proven experience or competence/expertise in humanitarian emergency assistance and
disaster management over the course of his or her career. The Secretary, Undersecretary, or Assistant
Secretary shall not hold any other position, public or private, during his/her tenure.

SEC. 12. Bureaus. - Subject to the power of the Secretary, with the approval of the President, to
reorganize, restructure, and redefine the functions of the bureaus for the effective discharge of the
duties and functions of the Department under this Act, the 16 Department shall have the following
bureaus; f

a) Bureau of Hazard Education and Risk Mitigation;

b) Bureau of Disaster Preparedness;

¢) Bureau of Humanitarian Emergency Relief Operations; and
4) Bureau of Administration and Finance.

SEC. 13. Powers and Functions of the Bureaus. - The bureaus shall have the following powers and
functions:

a) ‘The Bureau of Hazard Education and Risk Mitigation shall assist the Secretary in the
formulation of policies, programs, and plans related to disaster prevention and mitigation, as
defined in Sections 3 (k) and 3 (i), respectively, of the Philippine Disaster Risk Reduction and
Management Act 27 of 2010. In particular, it shall take the lead in:

i, Making an inyentory and checklist of all personnel, equipment, and supplies critical during
disasters in all local government units, in accordance with protocols and contingency plans, and
endeavoring that the sme be provided to the local government units within a period of twelve (12)
months upon the passage into law of this Act;


ii, Conducting a review of the National Building Code and Fire Code of the Philippines, together
with the relevant government department, and submitting the results thereof to the Senate and the
House of Representatives of the Philippines, with the end in view of developing legislation which seeks
to strengthen infrastructure in line with disaster prevention and mitigation;

iii, Developing, updating, and maintaining a national geographic information system which shall
be the basis of national, regional, and local disaster protocols and contingency plans, which shall be
under the control and custody of the Department. The same shall also be maintained at all local
government units;

iv Mainstreaming and integrating disaster risk reduction and management (DRRM) and climate
change adaptation (CCA) in all national, regional, local, and sectoral development policies, plans, and
budgets relating to environmental protection;

v Developing and implementing community-based and scientific DRRM and CCA hazard
assessment, mapping, analysis, and monitoring;

vi. Establishing disaster risk financing, insurance, and other risk transfer mechanisms at the
community level; *

vii, _ Establishing, developing, and improving the end-to-end monitoring and forecasting of hazards,
including early warning systems and practices; and

viii. Sych other functions relevant to its mandate of disaster prevention and mitigation.
b) The Bureau of Disaster Preparedness shall assist the Secretary in the formulation of policies,

programs, and plans related to disaster preparedness, as defined in Section 3 (j) of the
Philippine Disaster Risk Reduction and Management Act of 2010. In particular, it shall take the

i Developing DRRM and CCA information, education, communication, and advocacy plans;

ii, Developing standard DRRM training modules and the conduct of trainings, simulation
exercises, and other capacity-building activities for communities and specific groups, including but not
limited to, quick response teams, front line government and private responders, and humanitarian aid
workers;

iii, Developing and monitoring the implementation of locality-based DRRM contingency plans,
and establishing and monitoring the operations of national and local Emergency Response.Operations
Centers;

iv. Developing and implementing comprehensive, scenario-based national and local preparedness
policies, plans, and systems, in primary coordination with the local government unit/s concerned, in the
wake of an imminent ‘humanitarian emergency and/or disaster. Such policies, plans, and systems
include, but are not limited to, the preventive evacuation, procurement of facilities, equipment, tools,
systems, and other mechanisms to cope with the effects thereof; the deployment of essential personnel
and manpower in critical areas of concern; and the formulation of such other courses of action to avert
the loss of lives, livelihood and/or property:

v. Strengthening the partnership and coordination between and among all key players and
stakeholders in a humanitarian emergency and/or disaster;

vi. Preparing the criteria and procedure for the enlistment of accredited community disaster
volunteers (ACDVs), and the drafting of a manual of operations for ACDVs, in consultation with
relevant stakeholders; and

Vii Such other functions relevant to its mandate of disaster preparedness.


©) The Bureau of Humanitarian Emergency Relief Operations shall assist the Secretary in the
formulation and implementation of policies, programs, and plans related to disaster response, as
defined in Section 3 (1) of the Philippine Disaster Risk Reduction and Management Act of
2010. In particular, it shall take the lead in:

i _ Establishing and implementing a comprehensive, well-coordinated, effective, and efficient
Disaster Response Action Plan (DRAP) for every humanitarian emergency or disaster, with the
primary goal of preventing or deterring the loss of lives, property and livelihood;

ii, Developing and implementing an integrated and coordinated system of search, rescue, and
retrieval (SRR), and evacuations procedure; %

iii Establishing a mechanism to ensure the prompt and accurate assessment of damage in disaster
areas, including, but not limited to, the loss of lives, bodily injuries, damages to infrastructure and
public facilities, and destruction of social, economic, cultural, and environmental assets;

iv. iblishing a mechanism to ensure the prompt and accurate assessment of humanitarian needs
in disaster areas, including, but not limited to, food and nutrition, health, clothing, shelter, livelihood,
water, sanitation, hygiene, protection, and preservation of peace and order,

v. Identifying standard-based relief shelters and sites for internally displaced persons, as well as
developing and implementing a set of minimum standards for such temporary shelters;

vi, Identifying priority cities and municipalities where the permanent Evacuation Centers and
Facilities shall be established and recommending the need to establish the same in other local
government units;

Consolidating the established evacuation centers in the local government units and formulating
dard operating proeedure in maintaining these evacuation centers and ensuring their functionality
and operationality in times of disasters and emergencies; 2

viii. Supplementing the efforts of the local government unit concerned in providing basic
social services, livelihood-oriented activities and psycho-social interventions to the affected population,
whether inside or outside temporary shelters; and

ix. Such other functions relevant to its mandate of disaster response. In case there is total or
considerable breakdown of authority resulting from the humanitarian emergency or disaster, which
requires response that goes beyond the mandate or capacity of the local government unit/s concerned,
the Bureau shall, with prior authorization from the Department, directly formulate, implement, manage
and coordinate all disaster response activities. In such case, the Department shall be possessed with the
power to call upon other agencies and instrumentalities of government, and neighboring local
government units, to augment, supplement and/or implement disaster response efforts. Further, the
authority of the Bureau shall be provided, described, and limited in the authorization,

d) The Bureau of Administration and Finance shall be composed of the Office of the Legal
Counsel and the Financial and Management Office. The Office of the Legal Counsel shall be
responsible for providing legal services and advice on alll policies, programs, and operational
matters of the Department. It shall provide legal counseling services in cases where the
Department is a party and shall also handle administrative cases against any personnel of the
Department and submit recommendations pertaining thereto.

The Financial and Management Office, which shall consist of the Human Resources
Management Division, General Services Division, and the Finance Division, shall be
responsible for providing the Department with services relative to personnel information,
records, supplies, equipment, collection and disbursements, security, and custodial work. It
shall also be responsible for providing the Department with staff advice and assistance on
budgetary, financial, and management improvement matters.


u

Attached Agencies and Coordination with Other Government Offices

SEC. 14. The ster’ and Emergency Management Coordinating Council. - There shall be a

National Coordinating Council, hereinafter referred to as the Council, which shall coofdinate and

integrate the efforts of the concerned government agencies and offices and nongovernmental and

people's organizations, and assist the Department in the delivery of quick and efficient humanitarian
relief operations, among others, in times of disasters and emergencies.

‘The National Disaster Risk Reduction and Management Council (NDRRMC) referred to in
Section 5 of the Philippine Disaster Risk Reduction and Management Act of 2010 shall compose the
Council and shall be headed by the Secretary of the Department of Disaster and Emergency
Management

The Secretary is hereby empowered to constitute, call, convene, meet with, and/or deputize
agencies of government, or an aggrupation or cluster thereof, to assist, advise or otherwise coordinate
with the Secretary. Representatives from the civil society/nongovernmental organizations and the
private sector may also be included, as necessary, as members of the coordination mechanism called
for by the Secretary.

SEC, 15, Relationship and Coordination with Other Government Offices. - In the discharge of
their respective responsibilities, the Department's bureaus shall coordinate with Government
departments, agencies, offices, and instrumentalities, whose powers and functions are relevant to each
bureau's respective focus area.

SEC, 16. Attached Agencies. - The Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA) and the Philippine Institute of Volcanology and Seismology (PHIVOLCS)
are hereby placed under the supervision of the Department; Provided, That they shall continue to
perform their respective’ functions as provided by law.

m
‘The Humanitarian Emergency Assistance and Disaster Fund, Donations, and Accountability

SEC. 17. Humanitarian Emergency Assistance and Disaster Fund (Calamity Fund). - At least one
percent (1%) of the estimated revenue from regular sources of government or Twenty Billion Pesos
(Php 20,000,000,000.00), whichever is higher, shall be set aside as an annual lump sum appropriation
for unforeseen expenditures arising from the occurrence of calamities; Provided, That such
appropriation shall be used only in the area, or a portion thereof, of the country declared as ina state of
calamity

The present National Disaster Risk Reduction and Management Fund (NDRRMF) and the
Local Disaster Risk Reduction and Management Fund (LDRRMP) shall henceforth be known as the
Humanitarian Emergency Assistance and Disaster Fund (HEAD Fund) and Local Humanitarian
Emergency Assistance and Disaster Fund (Local HEAD Fund), respectively.

The Department shall manage, mobilize, and with the approval of the President, release
resources for disaster risk reduction and management, including the funds herein provided for. It shall
also monitor and provide the necessary guidelines and procedures for the release, utilization,
accounting, and auditing of the Local HEAD Fund.

There shall also be created a regular fund for the personnel, resource requirements, and other
administrative costs related to the operations of the Department.

SEC, 18. Donations. - All monetary contributions and donations in kind, including, but not limited to,
equipment, food, clothing, medicine, and related supplies, from international and local sources, shall be
coordinated with the Department to ensure that they are equitably and properly allocated and utilized,
directly and solely for disaster risk reduction and management efforts.


‘The Department shall maintain and make publicly available a complete, accurate, timely, and
separate record of such donations, indicating the particular areas where such were allocated, and the
exact purposes for which the same were utilized.

EC. 19. Accountability, Responsibility, Transparency, and Access to Information. - The
Department and all regiohal and local councils and offices under its supervision or control, shall make
available to the public for scrutiny, copying, and reproduction, (i) any and all records of their financial
transactions, including, but not limited to, donations received, funds allocated, and amounts disbursed;
(ii) all information pertaining to their official acts, transactions or decisions; and (iii) relevant research
data used as basis for policy development, regardless of the physical form or format in which such
record, information, or data is contained

‘The Department and local government units concerned shall also upload such records,
information or data on their websites, which shall be regularly updated every fifteen (15) days. In case
of voluminous records, information or data, the Department and/or local government units concerned
may, in its/their discretion, upload only an executive summary thereof, with a note outlining the
procedure/requirements to obtain full access to the complete record, information, or data.

The record, information, or data uploaded in the websites may be withdrawn after a period of
three (3) years from the time of uploading; Provided, That an abstract thereof shall remain uploaded in
the website, with an indication of the dates of posting and withdrawal, and a note outlining the
procedure/requirements to obtain access to the withdrawn record, information, or data.

Iv .
Establishment of Permanent and Typhoon-Resilient Evacuation Centers and Facilities

SEC. 20. Establishment of Evacuation Centers and Facilities. - There shall be established
permanent and typhoon-resilient Evacuation Centers and Facilities (ECF) in priority cities and
municipalities identified by the Department in coordination with the Department of Environment and
Natural Resources (DENR), the Department of Interior and Local Government (DILG), and local
government units. This shall form part of the national disaster risk reduction and management
framework

The establis

ed evacuation centers prior to this Act shall be consolidated and shall form part of
the directory o

's under the control of the Department.

SEC. 21. Administration. - The Regional Disaster and Emergency Management Offices (RDEMOs),
under the supervision of the bureau concerned, shall lead the management, maintenance, and operation
of the newly established and existing ECFs.

The local government units through their Local Disaster and Emergency Management Offices
(LDEMOs) shall coordinate with the RDEMOs in the efficient utilization and operation of the ECFs in
their respective jurisdiction.

v
Transitory Provisions

22. Abolition of the Office of Civil Defense; Transfer of Powers and Functions. - The Office
of Civil Defense is hereby abolished, and its powers and functions are hereby transferred to the
Department. The foregbing transfer of powers and functions shall include all applicable funds and
appropriations, records, equipment, property, and personnel, as may be necessary

The Department shall, by virtue of this Act, be subrogated to all the rights and assume all the
liabilities of the Office of Civil Defense, and all other agencies, or government units whose powers and.
functions have been transferred to the Department, and all their funds, records, property, assets,
equipment, and such personnel as_ necessary, including unexpended appropriations and/or allocations.
All contracts and liabilities of the said offices, agencies, and government units are hereby transferred to
and assumed by the Department and shall be acted upon in accordance with the Auditing Code and



other pertinent laws, rules, and regulations; Provided, That the officers and employees of said offices,
agencies, and government units shall continue in a holdover capacity until such time as the new officers
and employees of the Department shall have been duly appointed pursuant to the provisions of this Act

‘The same shall apply to agencies and government units which have not been abolished, but
whose functions have been transferred to the Department

SEC. 23. Structure and Staffing Pattern. - The organizational framework and staffing pattern of the
Department shall be prescribed and approved by the Secretary within sixty (60) days after the approval
of this Act and the authorized positions created therein shall be filled by regular appointments by the
President or the-Secretary as the case may be; Provided, That in the filling of positions created,
preference shall be given to the personnel of the Office of Civil Defense.

SEC. 24, Separation from Service. - Employees separated from the service as a result of the
reorganization shall, within six (6) months from their separation Jom service, receive the retirement
benefits to which they may be entitled under existing laws, rules, and regulations.

25. Appropriations. - The amount needed for the initial implementation of this Act shall be
taken from the current year’s appropriations of the National Disaster Risk Reduction and Management

Council, the Local Disaster Risk Reduction and Management Councils, and the Office of Civil
Defense. Thereafter, the amount needed for the operation and maintenance of the Department and its
Line Agencies shall be included in the annual General Appropriations Act.

VI
Miscellaneous Provisions

SEC. 26. Visitorial Powers. - The Secretary of the Department and/or his or her authorized
representative shall have visitorial and examining authority over governmental and nongovernmental
entities engaged in post-disaster relief in order to ensure that all donations, financial or otherwise,
coursed through them, are actually utilized for disaster risk reduction and management efforts

During such examination, the entity concerned shall produce all the reports, records, books of
accounts, and other papers that may be required.

‘The refusal by any such entity to allow an examination of its books of accounts and pertinent
records, or the concealment of any material information concerning its financial status, shall constitute
a legal ground for the cancellation of its registration, and the revocation of all tax-exemption privileges
and other benefits granted to it by law, in the case of a nongovernmental entity, or the institution of any
proper legal action against the 4 erring official concemed, in the case of a governmental entity.

SEC. 27, Declaration bf State of Calamity. - Whenever warranted by circumstances, the Department
shall recommend to the President the declaration of a state of national calamity and the lifting thereof.
It shall also have the power to, motu proprio, or upon the recommendation of the Council, declare a
cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the
lifting thereof, based on the criteria set by the Department. The President's declaration shall entail
access to international humanitarian assistance, as deemed necessary.

‘The declaration and lifting of the state of calamity shall be based on the results of the damage
assessment and needs analysis. The causes, effects and incidents of the calamity and the need for the
declaration shall be specified.

Prohibited Acts. - In addition to the prohibited acts provided for in Section 19 and penalized

under Section 20 of the Philippine Disaster Risk Reduction and Management Act of 2010:

a) Any person, group, or corporation who directly or indirectly requests or receives any part of the
funds devoted to disaster risk reduction and management, as well as monetary contributions and
donations in kind, where such person, group, or corporation has no right to receive such
proceeds from the fund, in whole or in part, monetary contribution or donation, shall be guilty
of the crime of corruption of calamity funds or donations, and shall be prosecuted and upon


conviction, shall suffer a fine of not less than One Hundred Fifty Thousand Pesos (Php
150,000.00) or any amount not to exceed One Million Five Hundred Thousand Pesos (Php
1,500,000.00) or imprisonment of not less than twelve (12) years and one (1) day, nor more
than twenty (20) years, or both, at the discretion of the court, including. perpetual
disqualification from public office if the offender is a public officer, and confiscation or
forfeiture in favor of the government of the objects and the instrumentalities used in committing
the herein prohibited act;

b) Any person who, with intent to gain, but without violence against or intimidation of persons nor
force upon things, shall take property devoted to any disaster risk reduction and management
activity, without the consent of the Secretary, shall be guilty of the crime of qualified theft, and
shall be prosecuted and upon conviction, shall be punished by the penalties next higher by three
degrees than those respectively specified in Article 309 of the Revised Penal Code;

©) Any public officer accountable for calamity funds or property devoted to disaster risk reduction
and management efforts, who shall appropriate the same with abandonment or negligence, shall
permit any other person to take such public funds or property, wholly or partially, or shall
otherwise be guilty of misappropriation or malversation of such funds or property, shall be
punished by the penalties next higher by three degrees than those respectively specified in
Article 217 of the Revised Penal Code;

In all the above,, if the offender is a corporation, partnership, association, or other juridical
entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership,
association, or entity responsible for the violation, without prejudice to the cancellation or revocation
of the license or accreditation issued to them by any body of the government. If such offender is an
alien, he or she shall, in addition to the penalties prescribed in this Act, be deported without further
proceedings after service of the sentence

The prosecution for the offenses shall be without prejudice to any liability for violation of
Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, and other civil
liabilities.

SEC. 29. Implementing Rules and Regulations. - The Department shall issue the necessary rules and
regulations for the effective implementation of this Act within ninety (90) days after the approval of
this Act. The Secretary, in consultation with relevant government agencies and other key stakeholders,
shall take the lead in the preparation of the implementing rules and regulations.

SEC. 30. Annual Report - The Department shall submit to the Office of the President, the Senate, and
the House of Representatives, within the first quarter of the succeeding year, an annual report relating
to the progress of the implementation of all disaster risk reduction and management efforts, and a
detailed inventory of available personnel, supplies and equipment..Such report shall be made available
to the public for scrutiny, copying, and reproduction, and shall also be uploaded in the Department's
website. i

SEC. 31. Congressional Oversight Committee. - There is hereby created a Congressional Oversight
Committee to monitor and oversee the implementation of the provisions of this Act. The Committee
shall be composed of six (6) members from the Senate and six (6) members from the House of
Representatives with the Chairpersons of the Committees on National Defense and Security of both the
Senate and the House of Representatives as joint Chairpersons of the Committee.

The five (5) other members from each Chamber are to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority shall be entitled to pro rata
representation but shall have at least two (2) representatives from each Chamber.

SEC. 32. Sunset Review. - Within five (5) years after the effectivity of this Act, or as the need arises,
the Congressional Oversight Committee shall conduct a systematic evaluation of the accomplishments
and impact of this Act, as well as the performance and organizational structure of the Department, for
purposes of determining remedial legislation.


SEC. 33. Repealing Clause. - All references to the NDRMMC in existing laws, including, but not
limited to, the Philippine National Disaster Risk Reduction and Management Act of 2010, shall be
understood to refer to the Department created under this Act. All other laws, decrees, executive orders,
proclamations, and other executive issuances which are inconsistent with or contrary to the provisions
of this Act are hereby amended or repealed accordingly. .

SEC. 34. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
other provisions not affected by such declaration shall remain in full force and effect.

SEC, 35. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in two (2) newspapers of general circulation.

Approved,