Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4401

House Bill No.

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

EXPLANATORY NOTE

Due to its geographical location, the Philippines is exposed to high incidents of
environmental hazards such as typhoons, floods, storm surges, tsunamis, earthquakes,
volcanic eruptions, landslides, and droughts. This leaves various communities
throughout the country in highly vulnerable situations. Typhoon Haiyan (Yolanda), one
of the most powerful tropical cyclones ever recorded, was an example of how a natural
disaster can devastate lives, properties, and entire communities. It left the country
with more than 7,000 deaths (with thousands still unaccounted for) and 16 million
affected people. The overall financial and economic impact of Typhoon Haiyan is
estimated at $14 Billion.

The Philippines is ranked the third in the 2018 World Risk Index of most disaster-prone
countries in the world published by the United Nations University Institute of
Environment and Human Security (UNU-HES), with a risk index of 27.69%. The
Philippines also ranks third on the WR''s list of countries with the greatest exposure to
natural disasters, with a score of 52.46%, just ahead of Japan (45.91%).

Given our exposure to threats of natural disasters, Republic Act No. 10121, otherwise
known as the Philippine Disaster Risk Reduction and Management Act of 2010”
(PDDRM), was enacted on 27 May 2010. The Act shifted the policy environment and
the way the country deals with disasters from mere response to preparedness. RA
10121 provides a comprehensive, all-hazard, multi-sectoral, inter-agency, and
community-based approach to disaster risk management through the formulation of
the National Disaster Risk Management Framework."

/Granthaminstitute/law,



Notwithstanding the efforts and resources to reduce the risks and vulnerabilities to
natural disasters, challenges are abound so much so that our government's efforts to
achieve the DRRM objectives are hampered. Some of the issues and challenges are:

1. Weak coordination and collaboration among stakeholders — national
government agencies, LGUs, civil society organizations, volunteers, and the
private sector;

. Lack of capacity of line agencies and LGUs to perform DRRM functions;

. Less priority given to DRRM activities;

.. Weak implementation of laws and policies;

. The lack of and difficulty in accessing DRRM data/information;

. Post-disaster focus of disaster funds;

.. Monitoring of disaster fund expenditures;

. Slow disbursement of disaster funds; and

|. Difficulty in tracking foreign disaster assistance.

WCOnNauAWH

The need for greater coordination and synchronization of disaster risk management at
all levels should be a top priority. Thus, this measure will create a single agency that
has a distinct and separate mandate for disaster management. The Department of
Disaster Management shall be the focal government agency for policy-making,
coordination, integration, supervision, monitoring and evaluation for all disaster and
rehabilitation management policies and programs in the country.?

With strong institutions, we can reverse the current trends of rising disaster impact.
Everyone of us must be empowered to make decisions which reduce risk — from
government to citizens.

In view of the foregoing, the immediate enactment and approval of this bill is earnestly
sought.

Va

LANDA B. BOLILIA
Representayve
4" District, Batangas

https://www.senate.gov | wublications/SEPO/PB_Examining%20PH%20DRRM%20System _Revised_27June20
AZ.pdf
2 This bill was patterned after Senate Bill 1553, otherwise known as, “An Act Creating the Department of
Disaster and Emergency Management of 2017”, filed by Senator JV Ejercito in the 17 Congress.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4401

INTRODUCED BY HONORABLE LIANDA B. BOLILIA

AN ACT
CREATING THE DEPARTMENT OF DISASTER MANAGEMENT, 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 1. Short Title. - This Act shall be known as the "Department of Disaster
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 the vulnerabilities to disasters, through the
establishment of a focused, streamlined, independent, empowered,
capacitated, full-time, specialized agency on disaster risk reduction and
management;

b. 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 and with the
participation of the Philippine government, other foreign governments and
financial institutions, international organizations, the private sector, and civil
society.

c. Inculcate a culture of awareness, resilience and preparedness, and
rehabilitation for natural and man-made disasters;

d. To create an integrated, systematic, comprehensive, and cohesive plan to
simplify, streamline, integrate, and coordinate the various programs, projects,
and activities of the Government and such other actors/stakeholders in
disaster risk reduction and management to ensure accountability,

a


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‘SEC. 3.

responsibility, and transparency, as well as to achieve efficiency and
effectiveness of in the performance of their functions.

Definition of Terms. - For purposes of this Act, the following shall refer to:

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 Management - the organization and management of resources and
responsibilities for addressing all aspects of disasters, in particular
preparedness, response and initial recovery steps;

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 lives and to protect property and public health
and safety, or to lessen or avert the threat of a catastrophe in any part of the
country;

Evacuation Centers and Facilities - permanent and typhoon resilient structures
equipped with facilities constructed exclusively for evacuation and
humanitarian relief operations during disasters.

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

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;

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;

Humanitarian - one devoted to the promotion of human welfare and the
advancement of social reform;

Response - any and all projects, programs, plans, and activities pertaining to
act on or inaction to prevent/ mitigate, prepare for, and generally perform any
and all activities in relation to, disasters. This includes, but is not limited to,
the provision of public assistance during or immediately after a disaster.


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Disaster response that is predominantly focused on immediate and short-term
needs and is sometimes called "disaster relief"; and

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

Chapter 1
‘THE DEPARTMENT PROPER

SEC. 4. Creation of the Department of Disaster Management. - To carry out the
above-declared policy, there is hereby created the Department of Disaster
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 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.

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 Management Offices (RDMOs) and
Local Disaster Management Offices (LDMOs), 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 shall be composed of the Office of the
Secretary and the Offices of the Undersecretaries and Assistant Secretaries, and the
bureaus and services of the Department as well as Regional and Local Offices.

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


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SEC. 7. Office of the Secretary. - The Office of the Secretary shall be consisting of the
Secretary and his/her immediate staff.

SEC. 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 policies 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. Interagency 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 all its officers and personnel;

f. Create regional offices and such other service units and divisions, as may
be necessary; and

g. Perform such other functions as may be necessary and/or proper to attain
the objectives of this Act.

SEC. 9. The Undersecretaries. - The Secretary shall be assisted by four (4)
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.


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SEC. 10. Assistant Secretaries. - The Secretary shall also be assisted by six (6)
Assistant Secretaries. 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/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/her career. The Secretary, Undersecretary, or Assistant Secretary shall
not hold any other position, public or private, during his/her tenure.

SEC. 12. Bureaus and Service. - Subject to the power of the Secretary, with the
approval of the President, to reorganize, restructure, and redefine the functions of
the bureaus and services for the effective discharge of the powers and functions of
the Department under this Act, the Department shall have the following bureaus and
service:

a. Bureau of Hazard Education and Risk Mitigation;

a

.. Bureau of Disaster Preparedness;
c. Bureau of Humanitarian Emergency Relief Operations; and
d. Bureau of Administration and Finance.

SEC. 13. Powers and Functions of the Bureaus and Service. - The bureaus and
service 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 2(k) and 2(i),
respectively, of the Philippine Disaster Risk Reduction and Management
Act of 2010. In particular, it shall take the lead in:

1. Making an inventory 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 same be provided to the local government unit within a period
of twelve (12) months upon the passage into law of this Act;

2. 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 House of
Representatives of the Philippines, with a view of developing legislation
which seeks to strengthen infrastructure In line with disaster
prevention and mitigation;


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3. 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, as possible;

4. Mainstreaming and integrating disaster risk reduction and
management (DRRM) and climate change adaptation (CCA) in all
national, sectoral, regional and local development policies, plans and
budgets, relating to environmental protection, including, but not
limited to, those for land use and natural resource management,
enforcement and updating of all national legislation relating to
modification of infrastructure towards resiliency;

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

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

7. Establishing, developing and Improving the end-to-end monitoring and
forecasting of hazards, including early warning systems and practices;
and

8. Such other functions relevant to its mandate of disaster prevention and
mitigation.

. 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 20 of the Philippine Disaster Risk
Reduction and Management Act of 2010. In particular, it shall take the lead
in;

1. Developing DRRM and CCA information, communication and advocacy
plans;

2. 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
respond teams, frontline government and private responders, and
humanitarian aid workers;

3. Developing and monitoring the implementation of locality based DRRM
contingency plans, and establishing/ monitoring the operations of
national and local Emergency Response Operation Centers;

4. 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, preventive
evacuation, the procurement of facilities, equipment, tools, systems
and other mechanisms to cope with the effects thereof; the

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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;

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

6. 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

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

c. 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 2(1) of the
Philippine Disaster Risk Reduction and Management Act of 2010. In
particular, it shall take the lead in the following activities, in primary
coordination with the local government unit/s concerned:

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

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

3. 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 the destruction of social, economic, cultural, and
environmental assets;

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

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

6. 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;

7. Consolidating the established evacuation centers in the local
government units and formulating a standard operating procedure in


Cer ]HeYNnH

maintaining these evacuation centers and ensuring their functionality
and operationality in times of disasters and emergencies;

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

9. Such other functions relevant to its mandate of disaster response.

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 all 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.
Chapter 2
ATTACHED AGENCIES AND COORDINATION WITH OTHER GOVERNMENT
DEPARTMENTS

SEC. 14. The Disaster Management Coordinating Council. - There shall be a National
Coordinating Council, hereinafter referred to as the Council, which shall coordinate
and integrate the efforts of the concerned government agencies and offices,
nongovernmental and people's organizations, and assist the Department in the
delivery of quick and efficient humanitarian relief operation 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
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. The representatives from
the civil society/non-governmental 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 Departments. - In
the discharge of their respective responsibilities, the Department's bureaus shall
coordinate with the relevant Government departments, agencies, offices and
instrumentalities, those powers and functions are relevant to each bureau's
respective focus area.


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SEC. 16. Attached Agencies. — The following agencies and offices and their respective
appropriation, records, equipment, and personnel are hereby transferred to the
Department:
(1) Office of Civil Defense (OCD);
(2) The Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAG-ASA);
(3) Philippine Institute of Volcanology and Seismology (PHIVOLCS);
(4) Bureau of Fire Protection (BFP);
(5) Health Emergency Management Bureau (HEMB);
(6) Philippine Reconstruction and Rehabilitation Agency (PRRA);
(7) Philippine National Volunteer Service Coordinating Agency;
(8) Climate Change Office (CCO);
(9) Geo-Hazard Assessment and Engineering Geology Section of the Mines and
Geoscience Bureau; and
(10) Disaster Response Assistance and Management Bureau of the
Department of Social Welfare and Development.

The attached agencies shall operate in accordance with their respective
organizational structures and perform functions and duties assigned to them by law.

Chapter 3
THE HUMANITARIAN EMERGENCY ASSISTANCE AND DISASTER FUND, DONATIONS,
AND ACCOUNTABILITY

SEC. 17. Disaster Management Funds. — The present National Disaster Risk
Reduction and Management Fund (NDRRM Fund) shall be known as the National
Disaster Management Fund (NDMF) and the Local Disaster Risk Reduction and
Management Fund (LDRRMF) shall be known as the Local Disaster Management
Fund (LDMF), 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.

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. This
central coordination mechanism would ensure that the same are equitably and
properly allocated and utilized, directly and solely/ exclusively for disaster risk
reduction and management efforts.


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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.

SEC. 19. Accountability, Responsibility, Transparency, and Access to Information. -
The Department and all regional 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.

Chapter 4
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 municipalities and cities identified by the Department in coordination with
the Department of Environment and Natural Resources, the Department of the
Interior and Local Government (DILG) and local government units. This shall form
part of the national disaster risk reduction and management framework.

The established evacuation centers prior to this Act shall be consolidated and shall
form part of the directory of ECFs under the control of the Department.

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

Chapter 4
MISCELLANEOUS PROVISIONS

SEC. 22. Visitorial Powers. - The Secretary of the Department and/or his/her
authorized representative shall have visitorial and examining authority over
governmental and non-governmental entities engaged in post-disaster relief in order
to ensure that all donations, financial or otherwise, coursed through them, are
actually used 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.

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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 erring official concerned, in case of a governmental entity.

SEC. 23. Stand-by Arrangements with the Private Sector. - At any time, the Secretary
of the Department shall have the power to negotiate, enter into, institutionalize, and
coordinate arrangements with any private person, natural or juridical, for the
purpose of ensuring the adequate, prompt, and ready availability of all goods and
services, necessary for disaster response, for as long as the emergency circumstances
require, to be deployed before, during, and after an emergency or disaster, subject
to the payment of just compensation in appropriate cases.

SEC. 24. Commandeering Private Property for Public Purpose. - The Secretary of the
Department shall have the power to commander any private property for urgent
public purpose, subject to payment of just compensation in appropriate cases, when
there is a clear and present danger that a disaster or humanitarian emergency would
cause imminent loss of lives and/or the massive destruction of property, and time is
of the essence. The commandeering powers shall last no longer than necessary or for
as long as the circumstances require.

The refusal by any such person or entity to be commandeered, shall constitute
a legal ground for the cancellation of its registration, if any, and the revocation of all
tax-exemption privileges and other benefits granted to it by law, in the case of a non-
governmental entity, .or the institution of any proper legal action against the erring
official concerned, in case of a governmental entity. In addition, the official of the
establishment, institution, or functionality shall be subjected to a fine and/or
imprisonment as provided for in Sec. 31 of this Act.

SEC. 25. Declaration of State of Calamity. - Whenever warranted by circumstances,
the Department shall recommend to the President of the Philippines the declaration
of a state of national calamity and the lifting thereof. It shall also have the power to,
motu proprio or upon the favorable recommendation of the LDRRMCs, 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.

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SEC. 26. Emergency and Contingency Powers. - Whenever it becomes necessary, the
Department Secretary, subject to the chain of command and with the consent of the
President, may call out the Armed Forces of the Philippines and/or the Philippine
National Police to prevent or suppress lawless violence, and to, ensure the
protection and preservation of life and/ or properties, in the whole range of disaster
risk reduction and management.

In times of disasters, and whenever warranted by the circumstances, the
Department Secretary may call upon other instrumentalities or entities of the
government and nongovernment and civic organizations for assistance in terms of
the use of their facilities and resources for the protection and preservation of life and
properties in the whole range of disaster risk reduction and management. This
authority includes the power to call on the reserve force as defined in Republic Act
No. 7077 to assist in relief and rescue during disasters or calamities.

SEC. 27. Prohibited Acts. - In addition to the prohibited acts penalized under Section
20, in relation to Section 19, 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 Two Hundred Fifty Thousand Pesos (Php 250,000.00) 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 personal 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;

c. Any public officer who, by reason of the duties of his office, is accountable
for calamity funds or property devoted to disaster risk reduction and

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management efforts, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or negligence,
shall permit any other person to take such public funds, or property,
wholly or partially, or shall otherwise be guilty of the misappropriation of
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 or
association, or other juridical entity, the penalty shall be imposed upon the
officer or officers of the corporation, partnership, association of entity
responsible for the violation, without prejudice to the cancellation or
revocation of these entitles license or accreditation issued to them by any
licensing of accredited 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. 28. Appropriations. — The amount necessary for the initial implementation of
this Act shall be taken from the current fiscal year’s unexpended and unobligated
appropriations of all agencies herein absorbed, transferred and attached to the
Department. Thereafter, the amounts necessary for the operation of the Department
and the effective implementation of this Act shall be included in the Annual General
Appropriations Act.

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 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.

SEC. 31. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation of

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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 this 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. 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. 33. Separability Clause. - If any provision of this law is declared
unconstitutional, the remaining provisions thereof not affected thereby shall remain
in full force and effect.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

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