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Republic of the Philippines fe}
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session 5.

Wo mers

HOUSE BILL No. 9408

Introduced by Honorable Rex Gatchalian

AN ACT
EXPANDING THE APPLICATION OF THE LOCAL DISASTER RISK REDUCTION
AND MANAGEMENT FUND BY AMENDING REPUBLIC ACT NO. 10121,
OTHERWISE KNOWN AS THE PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT ACT OF 2010

EXPLANATORY NOTE

The Constitution has mandated the autonomy of local government units
(LGUs) from the national government! for the former to have more power, authority,
responsibilities, and resources and be more responsive and accountable to its
constituents.? Republic Act (RA) No. 10121, otherwise known as the Philippine
Disaster Risk Reduction and Management Act, has given LGUs a more active role in
disaster prevention and mitigation, preparedness, response, and rehabilitation. It
likewise transformed local calamity funds into the Local Disaster Risk Reduction and
Management Fund (LDRRMF), which can be utilized for projects and programs that
enhance disaster preparedness and mitigate the effects of calamities.?

This bill seeks to expand the utilization of the LDRRMF in two (2) ways: first,
by expanding the scope of infrastructure projects covered; and second, by including
therein the hiring of personnel. This bill also seeks to shorten the period when the
unused LDRRMF shall accrue to a special trust fund.

1 1987 Coxsr., § 25, art. I.

2 Loc. Gov. CODE, § 2.

® Thirty percent (30% of the LDRRMF goes to the Quick Response Fund (QRF), which is a stand-by fund for relief
and recovery programs to improve the living conditions of people in communities or areas stricken by disasters,
calamities, epidemics, or complex emergencies. The remaining general LDRRMF or the seventy percent (70% is
allocated for disaster prevention and mitigation, preparedness, response, and rehabilitation and recovery.

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E_ DATEOctober 4, 2022

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First, RA No. 10121 is not specific about the provision of the general
LDRRMF (i.c., 70% of the LDRRMF allocation) for construction or infrastructure

projects. Nonetheless, the National Disaster Risk Reduction and Management
Council (NDRRMC), Department of Interior and Local Government, Department of
Budget _and Management, and Civil Service Commission Joint_ Memorandum
Circular No. 2012-1 (JMC No. 2013-1) provides that the general LDRRMF may be
used for the construction of dams and embankments that will reduce or mitigate
flood risks. This bill expands the scope of infrastructure projects that may be
implemented as long as it is certified by the NDRRMC to be necessary for mitigating
and reducing the effects of disasters and institutionalizes it in the law.

As for post-disaster rehabilitation and recovery, there is a provision under
the general LDRRMF for the construction or rehabilitation of damaged infrastructure
facilities and evacuation centers. However, all projects and activities charged against
the general LDRRMF must be incorporated into the Local Disaster Risk Reduction
and Management Plan (LDRRMP) and Annual Investment Plan.‘ This route entails a
drawn-out process before funding for rehabilitation may be had. The use of QRF (i.e.,
30% of the LDRRMF allocation) is clearly more expeditious and responsive route
since it only requires a declaration that the locality is under a state of calamity either
by the local sanggunian or the President. Nonetheless, since the law and regulations
give discretion to the local sanggunian on what specifically they could approve,
numerous obligations (incurred by local disaster risk reduction and management
offices in times of disaster) that could have been chargeable to the QRF had been
disapproved. This bill seeks to rectify this issue by providing that the LDRMMF,
including the QRF, may be used to pay for whatever obligations the LGU may incur

in the reconstruction, repair, and rehabilitation of major infrastructure damaged by
disaster.

Second, under existing laws and rules and regulations, the use of LDRRMF
is restricted to “pre-disaster preparedness programs including training purchasing
life-saving rescue equipment, supplies, and medicines, for post-disaster activities,
and for the payment of premiums on calamity insurance,”s other maintenance and
operating expenditures, and other capital outlay requirements of the Local Disaster
Risk Reduction and Management Offices (LDRRMO) in the implementation of

+ NDRRMC, DILG, DBM, and CSC JMC No, 2013-1, 25 March 2013, 4 6.3.
Rep. Act No. 10121, § 21.


disaster risk reduction and management programs. The budgetary requirements for
personal services and other related expenses of the LDRRMO must be sourced from
the limited general fund of the LGU.” The only exception is hiring personnel in times
of calamity. Here, the QRF may be utilized to answer for payment of salaries.
However, the appointees must be project-based, generally for a period not exceeding
six (6) months.

To ensure the continuity of the LDRRMO’s services to the citizens — from
disaster prevention and mitigation to rehabilitation and recovery - it should have the
express power to appoint or hire competent and suitably trained direct rescue and
response personnel to serve the needs of the LGU. However, to ensure that the
LDRMMF will still be maximized for disaster preparedness programs, the expenditure

for personal services should be capped at thirty percent (30%) of the general
LDRRMF.

Third, unexpended LDRRMF accrues to a special trust fund every five (5)
years which may only be utilized for disaster risk reduction and management. The
period should be shortened for the LDRRMO to be more responsive by repurposing
the fund according to the current needs of its citizens. Furthermore, the law and
guidelines are unclear regarding how the special trust fund should be allocated. To
eliminate the confusion, this bill provides that whether the unexpended fund is from
the general LDRRMF, quick response fund, or both, it shall revert to the general
LDRRMF after three (3) years. This way, the LDRRMO would have more flexibility in
allocating its special trust fund. The period for the reversion of the unexpended
special trust fund to the general fund for other social services shall also be shortened
to three (3) years.

In view of the foregoing, approval of this bill is earnestly sought.
Representative
District of Valenzuela

© NDRRMG, DILG, DBM, and CSC JMC No. 2014-1, 4 April 2014, $4
Id.

® Rep. Act No. 10121, § 21.

9 Id.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5408

Introduced by Honorable Rex Gatchalian

AN ACT
EXPANDING THE APPLICATION OF THE LOCAL DISASTER RISK REDUCTION
AND MANAGEMENT FUND BY AMENDING REPUBLIC ACT NO. 10121,
OTHERWISE KNOWN AS THE PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT ACT OF 2010

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

SECTION. 1. Section 12 of Republic Act (RA) No. 10121 is hereby amended
to read as follows:

Section 12. Local Disaster Risk Reduction and Management
Office (LDRRMO). ~

(a) There shall be established an LDRRMO in every province,
city and municipality, and a Barangay Disaster Risk Reduction and
Management Committee (BDRRMC) in every barangay which shall
be responsible for setting the direction, development,
implementation and coordination of disaster risk management
programs within their territorial jurisdiction.

(b) The LDRRMO shall be under the office of the governor, city
or municipal mayor, and the punong barangay in case of the
BDRRMC. The LDRRMOs shall be initially organized and composed
of a DRRMO to be assisted by three (3) staff responsible for: (1)
administration and training; (2) research and planning; and (3)
operations and warning. The LDRRMOs and the BDRRMCs shall
organize, train and directly supervise the local emergency response


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teams and the ACDVs.

(c) The provincial, city and municipal DRRMOs or BDRRMCs
shall perform the following functions with impartiality given the

emerging challenges brought by disasters of our times:

(1) Design, program, and coordinate disaster risk reduction and
management activities consistent with the National Council's
standards and guidelines;

(25) APPOINT OR HIRE COMPETENT AND SUITABLY-
TRAINED DIRECT RESCUE AND RESPONSE PERSONNEL
WITHIN THEIR RESPECTIVE JURISDICTIONS THAT SHALL BE
ADEQUATE IN NUMBER TO SERVE THE NEEDS OF THE LOCAL
GOVERNMENT UNIT IN TIMES OF CALAMITY AND DISASTER:
PROVIDED, THAT THE APPOINTED PERSONNEL SHALL ALSO
SERVE IN THE IMPLEMENTATION OF THE LGU’S DISASTER
RISK REDUCTION AND MANAGEMENT PROGRAMS;

{25} (26) Act on other matters that may be authorized by the
LDRRMC.

(4) The BDRRMC shall be a regular committee of the existing
BDC and shall be subject thereto. The punong barangay shall
facilitate and ensure the participation of at least two (2) CSO
representatives from existing and active community-based people’s
organizations representing the most vulnerable and marginalized
groups in the barangay.

SEC. 2. Section 21 of Republic Act (RA) No. 10121 is hereby amended to read

as follows:

Sec. 21. - Local Disaster Risk Reduction and Management Fund
(LDRRMP). - The present Local Calamity Fund shall henceforth be
known as the Local Disaster Risk Reduction and Management Fund


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(LDRRMF). Not less than five percent (5%) of the estimated revenue
from regular sources shall be set aside as the LDRRMF to support
disaster risk management activities such as, but not limited to, pre-
disaster preparedness programs including training, purchasing life-
saving rescue equipment, supplies and medicines, for post-disaster
activities, CONSTRUCTION OF INFRASTRUCTURE PROJECTS
CERTIFIED BY THE NATIONAL DISASTER RISK REDUCTION
AND MANAGEMENT COUNCIL AS NECESSARY IN MITIGATING
AND REDUCING THE EFFECTS OF DISASTERS, and for the
payment of premiums on calamity insurance. THE LDRRMF MAY
ALSO BE USED TO PAY FOR WHATEVER OBLIGATIONS THE
LOCAL GOVERNMENT INCURRED IN THE RECONSTRUCTION,
REPAIR, AND REHABILITATION OF MAJOR INFRASTRUCTURE
DAMAGED BY DISASTERS. The LDRRMC shall monitor and
evaluate the use and disbursement of the LDRRMF based on the
LDRRMP as incorporated in the local development plans and annual
work and financial plan. Upon the recommendation of the LDRRMO
and approval of the sanggunian concerned, the LDRRMC may
transfer the said fund to support disaster risk reduction work of
other LDRRMCs which are declared under state of calamity.

Of the amount appropriated for LDRRMF, thirty percent (30%)
shall be allocated as Quick Response Fund (QRF) or stand-by fund
for relief and recovery programs in order that situation and living
conditions of people in communities or areas stricken by disasters,
calamities, epidemics, or complex emergencies, may be normalized
as quickly as possible.

THE LDRRMF SHALL BE LIABLE FOR THE SALARIES,
WAGES, AND BENEFITS OF ALL APPOINTED RESCUE AND
RESPONSE PERSONNEL BY THE LOCAL DISASTER RISK
REDUCTION AND MANAGEMENT OFFICE FALLING UNDER
SECTION 12, PARAGRAPH (C), SUB-PARAGRAPH (25):
PROVIDED, THAT THE TOTAL EXPENDITURE FOR PERSONAL
SERVICES SHALL NOT EXCEED THIRTY PERCENT (30%).


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as)

Unexpended LDRRMF WITHIN THE GIVEN YEAR shall accrue
to a special trust fund solely for the purpose of supporting disaster
risk reduction and management activities of the LDRRMCs within
the next five{5} THREE (3) years: PROVIDED, THAT WHETHER
THE UNEXPENDED FUND IS FROM THE GENERAL LDRRMF,
THE QUICK RESPONSE FUND, OR BOTH, IT SHALL REVERT
BACK TO THE GENERAL LDRRMF.

Any such amount still not fully utilized after five-{5} THREE (3)
years shall revert back to the general fund and will be available for
other social services to be identified by the local sanggunian.

SEC. 3. Separability Clause. ~If for any reason, any part, section, or provision
of this Act is held invalid or unconstitutional, the remaining provisions not affected
thereby shall continue to be in full force and effect.

SEC. 4. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.

SEC. 5. Rffectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or a newspaper of general circulation.

Approved,