Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

HOUSE BILL NO.__3351,

Introduced by Representative WESLIE T. GATCHALIAN

AN ACT
INSTITUTING A NATIONAL DISASTER REHABILITATION PROGRAM AND
ESTABLISHING THE PHILIPPINE DISASTER REHABILITATION COMMISSION AND
FOR OTHER PURPOSES

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

SEC. 1. Title. - This Act shall be known as “The Philippine Disaster Rehabilitation Act of 2013”.

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to assist the victims
in the communities damaged or destroyed or adversely affected by disasters and its after
effects by extending to them aid, relief, resettlement, rehabilitation and livelihood services and
by undertaking construction or repair and reconstruction of infrastructure to the end that life
may return to normalcy at the earliest possible time and the development of areas affected,

SEC. 3. Statement of Objectives and Guidelines. - This Act is intended to help the victims under
disaster areas as declared by the President. It aims to provide additional funds and services
under the Philippine Disaster Rehabilitation Commission for the immediate relief of the
victims; to establish resettlement centers, home sites and town sites for displaced families; to
provide livelihood and employment opportunities; to repair, reconstruct or replace government
infrastructure damaged or destroyed by said disaster whenever economically, socially and
technically advisable; and to construct new infrastructure facilities needed by the community.


The term “disaster” when used for purposes of this Act refers means any natural and
man made catastrophe including but not limited to storms, tornado, high water, wind driven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, or,
regardless of cause, any fire, flood, or explosion, in any part of the country, which in the
determination of the President causes damage of sufficient severity and magnitude to warrant
major disaster assistance under this Act to supplement the efforts and available resources of
local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or
suffering caused thereby.

The term "victims" refers to the following:

(2) Individuals who have died or disappeared as a result of the aforementioned
disasters;

(b) Individuals who were displaced and/or who sustained injury or suffered death in the
family as a result of the aforementioned disaster who need and deserve assistance;
and

(c) Individuals whose homes have been or are threatened to be destroyed or rendered
uninhabitable and those who have lost permanently their livelihood as a direct
result of the disaster.

SEC. 4. Creation of the Philippine Disaster Rehabilitation Commission. - For purposes of this
Act, there is hereby created “Philippine Disaster Rehabilitation Commission” hereinafter
referred to as the Commission. It shall be organized within thirty (30) days after the approval of
this Act. For administrative purposes, the Commission shall be attached to the Office of the
President.

SEC. 5. Powers of the Commission. - To carry out its objectives under this Act, the Commission
shall have the following powers:

(a) To recommend to the President for the declaration of the area under the State of
Disaster upon the request of the Local Government Units affected;

(b) To formulate policies and plans for the relief, rehabilitation, resettlement and livelihood
services as well as infrastructure support in harmony with the other plans and policies of
the National Government and other agencies;

(c) To implement upon approval of the President and in coordination with national
agencies all plans for the relief, rehabilitation, resettlement and livelihood services as
well as infrastructure support for all victims within the disaster areas;

(d) To prioritize and coordinate the implementation of the various programs and projects of
the Commission;


(e) To enter into, make, perform and carry out contracts of every class, kind and description
which are necessary to the realization of its purposes with any person, firm or
corporation, private or public, and with foreign government entities, subject to the
usual accounting and auditing requirements;

{f) To apply for, receive and accept grants and donation of funds, equipment, materials and
services needed for the development of the area, within and outside the Philippines;

(g) To monitor the progress of the relief, rehabilitation, resettlement and livelihood as well
as infrastructure support programs and projects;

(h) To coordinate and consult with concerned national and local officials, both elective and
appointive, as well as accredited non government organizations (NGOs) in the
prioritization and prosecution of the programs and projects;

(i) To call upon any department, office, instrumentality, agency, or any political subdivision
of the Government for such assistance as may be necessary for the attainment of the
objectives of the Commission;

{j) To sue and be sued in its name, and to adopt, alter and use a seal;

(k) In general, to perform such other powers as may be necessary and proper to carry out
‘the purposes of this Act.

SEC. 6. Procedure for Declaration of under the State of Disaster. - All requests for a
declaration by the President that a major disaster exists shall be made by the Governor of the
affected province. Such request shall be based on a finding that the disaster is of such severity
and magnitude that effective response is beyond the capabilities of the Province and the
affected local governments and that National Government assistance is necessary.

As part of such request, and as a prerequisite to major disaster assistance under this
Act, the Governor shall take appropriate response action under Local Government Code and
direct execution of the Local Government Unit's. emergency plan. The Governor shall furnish
information on the nature and amount of Province and local resources which have been or will
be committed to alleviating the results of the disaster, and shall certify that, for the current
disaster, the local government will comply with all applicable cost-sharing requirements of this
Act chargeable against its Internal Revenue Allotment

SEC. 7. Minimum National Share. - The National Share of assistance under this section shall be
not less than 90 percent of the eligible cost.


SEC. 8. Composition of the Commission. - The Commission shall be composed of seven (7)
members to be appointed by the President: four (4) coming from the Cabinet, three (3) from
the private sector one each from Luzon, Visayas, and Mindanao. The members of the
Commission shall serve for six (6) years unless sooner removed for cause. The President shall
designate from among the members of the Commission the Chairman thereof.

SEC. 9. Executive Director; Powers and Responsibilities. - The President shall appoint a
professional manager as the Executive Director of the Commission with a compensation to be
determined by the Commission, who shall serve as the chief executive officer. He shall have the
following powers and functions:

(a) Execute and administer the policies and decisions of the Commission;

(b) Directly coordinate the activities of all agencies and instrumentalities of the
Government in the planning and implementation of projects on site;

(c) Monitor the programs and projects and evaluate the effects of execution by these
agencies and instrumentalities and submit to the Commission periodic reports
relating to the development of the areas; and

(d) Perform such other functions as are inherently necessary in the operational
management of the areas developed in accordance with the policies and guidelines
formulated by the Commission.

SEC, 10. Structural Organization. - The Philippine Disaster Rehabilitation Commission shall
consist of Services, Regional Field Offices and Sub-offices as may be established in accordance
with its implementing rules and regulations.

SEC. 11. Regional Offices, Field Offices, Sub-offices. - The Office is hereby authorized to
establish, operate and maintain Regional Offices in such appropriate administrative regions of
the country as may be provided in the implementing rules and regulations.

SEC. 12. Implementation. - The survey, construction or repair and reconstruction of damaged,
destroyed, required or alternate government infrastructure and facilities shall be undertaken by
the implementing government agencies concerned by public bidding, administration or through
negotiated contracts, subject to the usual accounting and auditing rules and regulations.
However, in case of negotiated contracts, only duly prequalified and duly licensed contractors
as of the approval of this Act can be awarded such contracts. Whenever suitable, labor-based
technology shall be used in the implementation of the programs and projects. With respect to
aid, relief, resettlement, rehabilitation and livelihood services to individual beneficiaries, the
Commission may seek the assistance and use the services of the Philippine National Red Cross
and all other relief agencies and volunteer organizations with proven record in providing relief
work.

The departments and agencies of the Government involved with the aid, relief,
resettlement, rehabilitation and livelihood services as well as infrastructure support shall


continue to be the implementing agencies of the Commission and shall submit to the
Commission every quarter the data and information required under Section 14 hereof.

SEC. 13. Preference for Local Residents. - Residents in the affected areas, especially the victims,
shall be given preference in hiring or employment in the construction or repair and
reconstruction of damaged or destroyed government infrastructure and facilities and other
labor requirements in all other projects.

SEC, 14. Report to Congress. - The Commission shall submit to the President and to Congress a
detailed quarterly report on the funds allocated indicating the amount released, obligated and
disbursed for:

(a) Aid, relief, resettlement, rehabilitation and livelihood services, including the list of
names of approved individual beneficiaries and contractors and the evaluation of
the effectiveness of the delivery systems of such services; and

(b) Construction or repair and reconstruction of infrastructure projects, including the list
of contractors and projects being financed, and the accomplishments for the
expended appropriations, including the percentage of completion. The Commission
shall cause to be disseminated in the community the list of beneficiaries and
contractors mentioned above. The Commission shall also submit as part of the
quarterly report a list of local and foreign donors and the nature of their donations.

SEC. 15. Guidelines in the Allocation of Funds. - The government funds and resources herein
appropriated shall be spent judiciously and effectively in consonance with the principle of
providing the greatest good for the greatest number. Accordingly, the following guidelines shall
be observed in allocating the funds made available under this Act:

(a) In the construction or rehabilitation and reconstruction of government infrastructure
and facilities, priority shall be given to resettlement centers, home sites and town
sites, and such other projects as river system and drainage works, roads, bridges,
communication and power lines, hospitals, school buildings, irrigation and water
systems, and the like;

(b) Aid, relief, resettlement, rehabilitation and livelihood services shall be equitably
extended to all victims, irrespective of political or party affiliation, sex, creed, religious
belief, or ethnic origin, giving emphasis to livelihood and employment opportunities;

(d) No money shall be released without any identified program and project nor shall it be
used to pay obligations incurred before the approval of this Act.

SEC. 16. Appropriations Clause. - To carry out the purposes of this Act, the sum of Thirty Billion
Pesos (P30,000,000,000) is hereby appropriated out of any available funds in the National
Treasury not otherwise appropriated.: Provided, however, that undisbursed amounts at the end
of any year shall be carried over to the succeeding year. Thereafter, such lump sum
representing the responsibility of the national government for the continued operation and


maintenance of the commission shall be included in the annual General Appropriations Act
(GAA).

SEC. 17. Rules and Regulations. - The President shall, within ninety days (90) days after the
organization of the Commission, issue the necessary rules and regulations for the effective

implementation of this Act.

SEC. 18. Repealing Clause. - Any law, decree, or rules and regulations which are inconsistent
with or contrary to the provisions of this Act are hereby amended or repealed.

SEC. 19. Effectivity Clause. - This Act shall take effect upon its publication in at least two (2)
national newspapers of general circulation.

Approved,