FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 2540 
- 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Major disasters kill people in the hundreds and/or even in thousands, yet, 
this country hardly has a decent disaster-management policy. That we, as a 
people, never seem to learn from one disaster to another is true, especially when 
the nature of response is taken into keen consideration. 
An assortment of typhoons, storms, tropical depressions and other 
weather disturbances visit the nation annually, triggering huge winds, heavy 
rainfall, floods and landslides that kill and maim people, render them homeless 
and destroy crops and property. Since the country is situated in the "ring of fire" 
in the Pacific Rim, earthquakes and the resulting tsunamis happen when least 
expected. 
Yet, the frequent mode of emergency response, whether official or 
otherwise, is to bring them to evacuation centers, most likely the public- school 
buildings, provide them with used clothing and feed them with tons of sardines 
and noodles. The post-disaster period is most burdensome, as these victims are 
virtually left to fend for themselves. Seldom do the authorities initiate a more 
professional approach to disasters. 
The lack of disaster management (or emergency management) is obvious, 
as seen by the almost complete absence of official efforts to reduce disaster 
risks, mitigate the development of hazards into disasters, initiate appropriate 
emergency responses and conduct post-disaster rehabilitation plans and 
programs for the victims and their families. Almost everything is on an ad-hoc 
basis. 
What the nation has is the National Disaster Coordinating Council 
(NDCC), whose job is simply to coordinate the various agencies that deal with 


disasters that develop into calamities. Since its job is essentially mere 
coordination, the NDCC has been limited to evacuating and feeding disaster 
victims. The more compelling aspects of disaster preparedness, which are 
mitigation and post-disaster rehabilitation, are not given due emphasis. 
The need to improve the country's disaster preparedness becomes all the 
more relevant because this is an era when disasters could evolve into global 
calamities. 
For these and other reasons, the creation of the National Disaster 
Management Council is of utmost importance, as this is an agency charged with 
the policy-making, coordination, integration, supervision, monitoring and 
evaluation in creating plans for disaster management, and ultimately, the 
execution of these plans. It is also provided with its own budget to better equip 
the agency in times of calamities, and to ensure adequate and quick response, 
which is not hindered by any lack of facilities for action. 
The approval of this bill is earnestly sought. 
VLAR 
S nator 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
Senate Bill No. __ 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
STRENGTHENING PHILIPPINE DISASTER RISK MANAGEMENT 
CAPABILITY BY ESTABLISHING THE NATIONAL DISASTER 
MANAGEMENT COUNCIL AND INSTITUTIONALIZING THE NATIONAL 
DISASTER RISK MANAGEMENT PLAN, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Congress assembled: 
SECTION 1. Title - This Act shall be known as the “Philippine Disaster 
Risk Management Act.“ 
SECTION 2. Declaration of Policy - It shall be the policy of the State to 
develop and strengthen the disaster risk management capability of the nation 
through collaboration of efforts and utilization of the resources of government, 
non-governmental organizations and other concerned sectors of 
the 
community. 
SECTION 3. Definition of Terms- As used in this Act: 
a. “Disaster” is an event, natural or human-made, sudden or progressive, 
which impacts with such severity on people’s lives and properties, livelihood, 
essential services, lifelines and major public infrastructures, and the environment, 
that the affected community has to respond with exceptional measures, and may 
need additional external assistance from other communitieslareas. 
b. “Emergency” refers to unforeseen or sudden occurrence, especially 
danger, demanding immediate action. 
c. “Hazard” is a potentially damaging phenomenon or human activity that 
may cause the loss of life or injury, property damage, social and economic 
disruption, and environmental degradation. 
d. “Vulnerability” is a set of conditions resulting from physical, social, 
economic and environmental factors which increase susceptibility to losses from 
the impact of natural or human made hazards. 
2 


e. “Risk” is the probability of harmful consequences or expected losses 
resulting from interactions between natural hazards and vulnerable conditions, 
f. “Risk Management” is the process of identifying, analyzing and 
quantifying the probability of losses in order to undertake preventive or corrective 
actions. 
g. “Disaster Risk Management” is a comprehensive set of distinct but 
interrelated activities in the pre-disaster phase, namely, risk identification, risk 
reductionlmitigation, risk transfer, and preparedness, and in the post-disaster 
phase, namely, emergency response, rehabilitation and recovery, and 
reconstruction. 
h. “Risk Identification and Analysis” is a thorough analysis of existing 
vulnerabilities, location, severity and intensity of threat. By determining the 
underlying causes of vulnerabilities makes it possible to eliminate or reduce 
them. 
i. “Risk Reduction or PreventionlMitigation” refers to measures aimed 
to eliminate or reduce the intensity of hazardous event. Such measures include 
but not limited to formulation and implementation of policies, programs, projects 
and activities to reduce physical, social and environmental vulnerability such as 
enforcement of comprehensive land use planning, building and safety standards, 
and legislation. 
j. “Risk ’Transfer” refers to the mechanisms or arrangements which do 
not reduce or prevent actual vulnerability but aimed transfer, share and/or 
finance the risk in order to protect local communities and the country from the 
financial and economic impacts of disasters. 
k. “Disaster Preparedness” refers to pre-disaster actions and measures 
undertaken to avert or minimize loss of life and property, such as but not limited 
to early warning system, community organizing, training, planning, equipping, 
stockpiling, hazard mapping and public information and education initiatives. 
1. “Disaster Response” refers to any concerted effort by two or more 
agencies, public or private, to provide emergency assistance to the victims of a 
disaster or calamity and in the restoration of essential public activities and 
facilities. This stage is relatively short and includes activities such as damage 
assessment and needs analysis, search and rescue, evacuation, emergency 
medical care, provision of temporary shelter, and emergency repairkestoration of 
vital infrastructures and lifelines. 
m. “Rehabilitation” refers to the process by which the affected 
communitieslareas or damaged public infrastructures, are restored to their proper 
or normal level of functioning or their actual condition prior to the occurrence of 
the disaster/calamity. 
n. “Reconstruction” refers to activities that revitalize affected economic 
sectors, rebuild critical infrastructure, and allocate appropriate budgetary 
resources, among others. Such activities should incorporate mitigation measures 
to reduce vulnerabilities of future disasters. 
0. “Capacity” is the ability of people, organizations and society as a 
whole to manage their affairs successfully. 
3 


p. 
“Capacity 
Development” 
is 
the 
process 
whereby 
people, 
organizations and society as a whole unleash, strengthen, create, adapt and 
maintain capacity over time. 
q. “Disaster Management Councils” refers to all nucleus organizations 
established at the national, regional, provincial, city, municipal, and barangay 
levels to carry out the disaster management activities as defined under this Act. 
r. “National Disaster Risk Management Plan” is the master plan 
formulated and revised, when necessary, by the NDMC which sets forth the 
strategic concept, organization, tasks of participating agencies and other 
guidelines to deal with disasters or emergencies. The NDRM Plan should be 
integrated in the National Development Plan and budget. 
s. “Community-based Disaster Risk Management or CBDRM” refers 
to activities, projects and programs to reduce disaster risk which are primarily 
designed by people living in high risk localities based on their needs and 
capacities, and in close coordination with their respective local disaster 
coordinating councils. 
SECTION 4. SCOPE - This act provides for all the actions and measures 
pertaining 
to 
risk 
identification 
and 
analysis, 
risk 
reduction 
or 
Preventionlmitigation, and preparedness in the Pre-disaster Phase, and 
response, rehabilitation and reconstruction, in the Post-Disaster Phase, as 
defined under this Act. 
SECTION 5. National Disaster Management Council (NDMC) 
a. Composition. The present National Disaster Coordinating Council 
(NDCC) established under PD 1566 shall henceforth be known as the National 
Disaster Management Council or the NDMC. It shall be composed of the 
following: 
Chairman 
Vice-chairman 
Secretary, Department of National Defense (DND) 
Secretary, Department of Social Welfare and Development 
(DSWD) 
Members 
Secretary, Department of the Interior and Local 
Government (DILG) 
Secretary, Department of Health (DOH) 
Secretary, Department of Agriculture (DA) 
Secretary, Department of Public Works and Highways 
(DPWH) 
Secretary, 
Department of 
Environment 
and 
Natural 
Resources (DENR) 
Secretary, Department of Labor and Employment (DOLE) 
Secretary, Department of Education (DepEd) 
Secretary, Department of Trade and Industry (DTI) 
Secretary, Department of Justice (DOJ) 
Secretary, Department of Science and Technology (DOST) 
Secretary, 
Department 
of 
Transportation 
and 
Secretary, Department of Finance (DOF) 
Secretary, Department of Budget and Management (DBM) 
Secretary, Department of Energy (DOE) 
Secretary, Department of Foreign Affairs (DFA) 
Communication (DOTC) 
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Secretary, Presidential Management Staff (PMS) 
Secretary, Office of the Press Secretary 
Director-General, National Economic Development 
Secretary-General, Philippine National Red Cross (PNRC) 
Chief of Staff, Armed Forces of the Philippines (AFP) 
Chief, Philippine National Police (PNP), DlLG 
Fire Chief, Bureau of Fire Protection (BFP), DlLG 
Administrator, National Mapping Resources Information 
Authority (NAMRIA) 
Director, Mines and Geo-Sciences Bureau (MGB), DENR 
Director, Environmental Management Bureau (EMB), DENR 
Director, 
Philippine 
Atmospheric, 
Geophysical 
and 
Astronomical Services Administration (PAGASA), 
DOST 
Director, Philippine Institute of Volcanology and Seismology 
(PHIVOLCS), DOST 
Director, Philippine Nuclear Research Institute (PNRI), 
DOST 
Commissioner, National Anti-Poverty Commission -Victims 
Administrator, Office of Civil Defense, DND 
Commandant, Philippine Coast Guard (PCG), DOTC 
Two 
(2) 
Representatives 
from 
Non-Government 
Organizations (NGOS') 
Representative from the Association of 
Barangay Captains (ABC) 
Two (2) representatives from national level People's 
Organization 
Authority (NEDA) 
of Disaster and Calamities (NAPC-VDC) 
The Administrator of the Office of Civil Defense shall serve as NDMC's 
Executive Officer. The Council, in discharging its functions, shall utilize the 
services and facilities of the OCD, which shall also act as the Secretariat of the 
NDMC. 
The NDMC shall establish an operating facility to be known as the 
"National Disaster Management Center" which shall be manned on a twenty-four 
(24) hour basis by personnel of the Office of Civil Defense 
b. Functions. As a management body, the NDMC is empowered with 
policy-making, coordination, integrating, supervisory, monitoring and evaluation 
functions to effectively carry out the following tasks and responsibilities, namelv: 
1. 
Advises 'the President on actions required for effective disaster 
risk management by the national and local governments, local 
communities and private sector. 
2. 
Ensures that adequate measures are taken by government 
agencies and local government units for the preparation and 
updating of multi-hazard maps to prevent or mitigate, prepare for 
and respond to disasters and to assist in the recovery from the 
effects of disaster. 
3. 
Formulates a National Disaster Risk Management Plan 
(NDRMP) 
and 
ensures 
that 
then 
NDRMP 
will 
be 
consideredhntegrated in the National framework for Physical 
Planning (NFPP) and Medium Term Philippine Development 
Plan (MTPDP). 
5 


4. 
5. 
6. 
7. 
8. 
9. 
10. 
Ensures that all relevant laws, rules and regulations, and 
technical standards are properly synchronized/coordinated. 
Provides the necessary guidelines and procedures on Calamity 
Fund releases as well as utilization, accounting and auditing 
thereof. 
Recommends to the President the declaration of a state of 
calamity in areas extensively damaged and submit proposals to 
restore normalcy in the affected areas, to include calamity fund 
allocation, if necessary. 
Fosters and facilitates the participation of non-government 
organizations (NGOs) and POs in measures taken by the 
government agencies for disaster preparedness, mitigation, 
response and rehabilitation/recovery. 
Advises the lower level Disaster Management Councils (DMCs) 
through the OCD, in accordance with the guidelines on disaster 
risk management. 
Conducts periodic assessment of local DMC performance and 
NDMC member-agencies. 
Develops a National Disaster Risk Management Framework 
(NDRMF) which should adhere with the policies enunciated in 
Section 2 of this Act. The NDRMF shall provide for a 
comprehensive, all-hazard, multisectoral, interagency and 
community-based approach to disaster risk management that 
covers set of distinct but interrelated activities in the pre-disaster 
phase such as risk I hazard identification, risk reduction, 
prevention and mitigation, and preparedness, and emergency 
response rehabilitation and recovery, in the post-disaster phase. 
The Framework shall serve as principal guide in the 
development and implementation of disaster risk management 
programs, projects and activities defined herein. It shall be 
reviewed on a 5-yr interval, or as necessary, to ensure its 
relevance and be attuned to development trends in DRM and 
local situation. 
SECTION 6. Authority of the NDMC Chairman - The Secretary of DND 
as Chairman of NDMC may call upon other instrumentalities/entities of the 
government and non-government 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 case of emergencies or disasters. Towards this end, the 
NDMC Chairman is hereby authorized to restructure and reorganize the Office of 
Civil Defense as the Executive Directorate and the Secretariat of the NDMC 
within a 5-year implementation period, to ensure that civil defense services and 
disaster risk management programs are carried out and implemented at the 
lowest government and community levels. 
SECTION 7. Organization at the Regional Level - At the regional level, 
there shall be constituted a Regional Disaster Management Council (RDMC) with 
the Regional Director of the PNP as Chairman and the OCD Regional Director as 
the Council's Executive Officer. The Council shall be composed of the executives 
of the regional and equivalent offices of the NDMC member-agencies and shall 
establish an operating facility to be known as the "Regional Disaster 
Management Center." 
SECTION 8. Organization at the Local Government - The focal points 
for coordination of disaster management activities at the local level are the 
Provincial, City, Municipal and Barangay Disaster Coordinating Councils 
6 


established under PD 1566, which shall henceforth be known as the Provincial, 
City, Municipal and Barangay Disaster Management Councils (PICIMIS DMCs). 
a. Functions of the Local Disaster Management Councils 
I. Identify, assess and manage the hazards and risks that may occur in 
their locality. 
2. Communicate about those hazards and risks, their nature, effects, 
early warning signs and countermeasures. 
3. Identify 
and 
implement 
cost-effective 
risk 
reduction 
measuresktrategies. 
4. Take all necessary steps on an ongoing basis to maintain and provide 
or to arrange the provision of, or to otherwise make available suitably 
trained and competent personnel for effective civil defense and 
disaster risk management in its area. 
5. Respond to and manage the adverse effects of emergencies in its area 
6. Carry out recovery activities within its area, promote and raise public 
awareness of and compliance with this Act and legislative provisions 
relevant to the purpose of this Act. 
7. Develop, approve, implement and monitor disaster risk management 
plans and regularly review and test the plan for internal consistency as 
well as to ensure its vertical and horizontal compatibility with other 
relevant planning programs. 
8. Establish linkagehetwork with other local government units for disaster 
risk reduction and emergency response purposes. 
9. Formulate their own local ordinances consistent with the requirements 
of this Act. 
10. Integrate risk reduction into local development plans, programs and 
budgets as a strategy in sustainable development and poverty 
reduction. 
11. Establish 
an 
operating 
facility 
to 
be 
known 
as 
the 
ProvinciaI/City/Municipal/Barangay Disaster Management Center. 
12.Prepare and submit report on the utilization of the 5% local calamity 
fund to the local COA, copy furnished the local DILG. 
Provincial Disaster Management Council 
The Provincial Disaster Management Council (PDMC) shall be 
composed of the Provincial Governor as Chairman, the Provincial Director of 
the Philippine National Police as Vice Chairman, the Vice Governor, organic 
provincial officials as well as national officials working in the provincial level, 
the Provincial Administrator of the Philippine National Red Cross and two (2) 
other representatives of non-government organizations operating in the 
province, as members. 
City Disaster Management Council 
The City Disaster Management Council (CDMC) shall be composed 
of the City Mayor as Chairman, the Chief Police as Vice-chairman, the 
Representative of each Congressional District in the city, the Vice Mayor, 
organic city officials as well as national officials working at the city level, the 
City Administrator of the Philippine National Red Cross and two (2) other 
representatives of non-government organizations operating in the city, as 
members. 
7 


Municipal Disaster Management Council 
The Municipal Disaster Management Council (CDMC) shall be 
composed of the Municipal Mayor as Chairman, the Chief of Police as Vice- 
chairman, the Vice-Mayor, organic municipal officials as well as national 
officials working at the municipal level, the Municipal Administrator of the 
Philippine National Red Cross and two (2) other representatives of the non- 
government organizations operating in the municipality, as members. 
Barangay Disaster Management Council 
The Barangay Disaster Management Council shall be composed of the 
Punong Barangay as Chairman, organic barangay officials and leaders of 
people's organizations, as members. 
SECTION 9. Local Disaster Management Office (DMO) 
a. There shall be established a Local Disaster Management Office in 
every province, city, municipality and barangay which shall assist the Local 
Disaster Management Councils in setting the direction and development of 
disaster risk management programs and coordinating disaster response activities 
within their jurisdiction. 
b. The DMO shall be under the Office of the Governor, City/Municipal 
Mayor and Punong Barangay which shall be organized and initially manned by a 
Disaster Management Officer to be assisted by three (3) staff units, namely, 
Administrative and Training; Research and Planning; and Operations and 
Warning. 
The Provincial, City, Municipal or Barangay Disaster Management Office 
shall have the following functions: 
1. Implements policies, plans and programs of the LDMC 
2. Assesses training needs on DRM and conducts training for 
consistent with the policies and guidance laid down in this Act. 
stakeholders. 
3. Developslstrengthens mechanisms for partnershiplnetworking 
with private and public sector organizations. 
4. Prepares and submits to the Local Sanggunian, through the local 
DMC, the annual programming of the five percent (5%) local calamity fund 
and other regular funding sourcels and budgetary support of the DMO and 
local DMCs. 
5. Serves as the Secretariat and Executive Arm of the Local DMCs 
6. Coordinates disaster risk management activities 
7. Acts on other matters that may be authorized by the Local 
Disaster Management Council. 
8 


SECTION 10. Funding of Disaster Management Activities at the local 
level. Five percent (5%) of the estimated revenue from regular sources shall be 
set aside as local disaster management fund for disaster risk reduction/mitigation 
and prevention, and preparedness activities for potential occurrence of disasters, 
as well as for disaster response, rehabilitation, reconstruction and other works or 
services in connection with disasters or calamities, whether natural or human 
made, occurring within the LGU or other areas, and for the payment of premiums 
on calamity insurance, provided, however, that such fund shall be used for the 
following: 
a. For disaster risk reductionlmitigation and prevention, and 
preparedness activities such as enforcement of comprehensive land use 
planning enunciated in Sec. 20, par. c. Local Government Code of 1991, 
building code, technical standards on safety, risk identification and 
analysis, hazard mapping, early warning, training and education, public 
awareness, environmental protection, setting up of response mechanisms 
on fire suppression, emergency medical service, search and rescue, relief 
and evacuation, damage assessment and needs analysis, and Incident 
Command System, equipping of response teams; planning, organization, 
and conduct of community drills and exercises, consistent with established 
policies and guidelines jointly determined by the NDCC and the LGUs. 
b. For disaster response, rehabilitation and reconstruction of areas 
affected by a disaster or calamity as may be determined and 
recommended by the local DMC concerned, based on the LDMC damage 
assessment of the situation and declared under a state of calamity by the 
local Sanggunian concerned. 
c. For payment of premiums for calamity insurance coverage 
against loss or damage due to fire, typhoon, flood, earthquake, landslide 
and other natural or human-made disasters to ensure rehabilitation and 
reconstruction of damaged public buildings, roads and bridges, and other 
vital infrastructures. 
d. Provided that the appropriation and flexibility on the utilization of 
the local disaster management fund by the LGUs shall be based on the 
DRM work and financial plan of the local DMO submitted to the local 
Sanggunian: Provided, finally that the unexpended calamity fund balances 
shall be treated as a continuing appropriation to support the above 
disaster risk management activities. 
The Local Development Council shall monitor and evaluate the use 
and disbursement of local disaster management fund based on the local 
disaster risk management plan as incorporated in the local development 
plans and annual Work and Financial Plan. 
SECTION 11. Office of Civil Defense. The Office of Civil Defense, as a 
bureau of the Department of National Defense and Secretariat of the National 
Disaster Management Council, shall have the primary mission to administer a 
comprehensive national civil defense and disaster risk management program by 
providing leadership in the continuous development of strategic and systematic 
approach as well as measures to reduce the vulnerabilities and risks to hazards. 
a. Functions. To effectively carry out its Mission, the OCD shall have the 
following functions: 
9 


1. 
Advises the NDMC on matters relating to disaster risk 
management coherent with the policies and scope as defined in this Act. 
2. Identifies, assesses and prioritizes hazards and risks considered 
of national importance, in consultation with NDCC member-agencies 
concerned. 
3. Spearheads the development of National Disaster Risk 
4. Develops and monitors the implementation of the National 
Disaster Risk Management Plan, evaluate and review the same every five 
(5) years, or sooner as necessary, and ensure that it is integrated in the 
National Framework for Physical Planning and the MTPDP. 
Management Framework referred to in Section 5 (b), no. 10 of this Act. 
5. Oversees the development and/or enforcement by regulatory 
agencies and other organizations that have responsibilities under this Act 
such laws, guidelines, codes, or technical standards that may be required 
for the purposes of this Act. 
under this Act. 
6. Monitors the performance of agencies that have responsibilities 
7. Promotes Disaster Risk Management through public education 
and awareness policies and programs that are consistent with the purpose 
of this Act. 
8. Maintains and operates the National Disaster Management 
Center (NDMC). 
9. During a state of national calamity, directs and controls the 
resources available for disaster risk management as defined under this 
Act. 
I O .  During a state of calamity at the local government level, 
provides advice and assistance to the affected LGUs, as necessary. 
11. Serves as Secretariat of the NDMC. 
b. NDMC Secretariat - The OCD shall serve as the Secretariat of the 
NDMC. As such, it shall have the following functions: 
1. 
Records, 
prepares, 
disseminates 
and 
files 
the 
proceedingslundertakings of NDMC and its Technical Working Groups 
and Committees; 
2. Plans, monitors and evaluates the programs and activities of 
NDMC Technical Working Group and Committees; 
3. Implements the Emergency Management Information System 
and Geographic Information System as established by the NDMC, and 
4. Monitors the extent of implementation of disaster risk 
management programs by NDMC member-agencies, regional and local 
DMCs and submits reports to the Chairman, NDMC, Office of the 
President, Congress and other concerned authorities. 
10 


SECTION 12. Planning for Disaster Risk Management - The National 
Disaster Risk Management Plan shall provide for the hazards and risks to be 
managed at the national level; disaster risk management approaches/strategies 
to be applied in managing said hazards and risks; plan objectives and the 
relationship of each objective with the National Disaster Risk Management 
Framework; agency roles and responsibilities at all government levels, and 
vertical and horizontal coordination of disaster risk management in the pre- 
disaster and post-disaster phases. 
The NDRMP shall be the basis for the preparation of implementing plans 
of NDMC member-agencies and DMCs at the regional and local levels. All 
agency implementing plans shall be documented, updated and submitted to the 
NDMC through the Office of Civil Defense within six (6) months from the 
effectivity of this Act. 
SECTION 13. Accredited Community Disaster Volunteers (ACDV) - A 
national roster of Accredited Community Disaster Volunteers (ACDV) shall be 
maintained and monitored by the Office of Civil Defense for purposes of payment 
of compensatory benefits of this Act. Criteria and procedures for accreditation of 
and a Manual of Operations for volunteers shall be developed by the OCD in 
consultation with various stakeholders. Accreditation will be done at the 
municipal level. 
SECTION 14. Compensatory Benefits - Any ACDV who incurs death or 
injury while engaged in any of the activities defined under this Act shall be 
entitled to compensatory benefits and individual personnel accident insurance as 
may be defined in the implementing rules and regulations thereof. 
SECTION 15. Declaration of a State of Calamity 
a. The declaration of a State of Calamity may be issued either by 
the President of the Philippines or the local Sanggunian upon the 
recommendation of the LDMC, based on appropriate criteria and 
guidelines to be promulgated by the NDMC. 
b. The Representative of the Congressional District in the affected 
local government units shall be duly informed of the declaration of a state 
of calamity by the OCD or local DMO, in case of a presidential declaration, 
and local government declaration, respectively. They are to be informed 
so that they can take the proper action in their respective districts. Such 
information shall include the occurrence and nature of disaster, extent of 
damage incurred, affected areas and population, human casualties and 
actions taken by concerned agencies as well as release of funds for 
emergency response and rehabilitation purposes, if any. 
SECTION 16. Remedial Measures - The declaration of a State of 
calamity shall make mandatory the immediate undertaking of the following 
remedial measures by concerned agencies: 
a. Automatic imposition of price control on basic necessities in 
areas declared under a state of calamity by the President of the 
Philippines or by the local government unit which should be implemented 
only within a reasonable time frame and in coordination with the 
Department of Trade and Industry. 
11 


b. Monitoring, prevention and control of overpricing/profiteering and 
hoarding of prime commodities, medicines and petroleum products by the 
local Price Coordinating Council. 
c. Programminglreprogramming of funds for the repair and safety 
upgrading of public infrastructures and facilities as approved by the DBM 
and subject to existing government budgeting, accounting and auditing 
rules and regulations. 
d. Granting or restructuring of loans by government financing or 
lending institutions upon certification of proper authority. 
e. Restructuringlcondonation of loans of affected persons and 
corporations whose operations are seriously impaired by calamity, subject 
to actuarial studies, financing viability assessment and judgment of 
lending GFVGOCCs. 
SECTION 17. Mechanisms for International Humanitarian Assistance 
a. The importation and donation of food, clothing, medicine and 
equipment for relief and rehabilitation and other disaster management 
related supplies is hereby authorized in accordance with Sec. 105 of the 
Tariff and Customs Code of the Philippines, as amended, and the 
prevailing provisions of the General Appropriations Act covering national 
internal revenue taxes and import duties of national and local government 
agencies. 
b. Importations and donations under this Section shall be 
considered as importation by and/or donation to the National Disaster 
Coordinating Council, subject to the approval of the Office of the 
President. 
SECTION 18. Release, Allocation and Accounting of the National 
Calamity Fund 
a. The National Calamity Fund (NCF) appropriated under the 
General Appropriations Act (GAA) shall be used for aid, relief, 
rehabilitation, reconstruction and other works or services in connection 
with calamities which may occur during the budget year or those that 
occurred in the past two years from the budget year, including training of 
personnel and other pre-disaster activities and capital expenditures for 
pre-disaster operation, rehabilitation and other related activities, in order 
or priority as may be determined by the NDMC. 
b. A Quick Response Fund (QRF) is hereby constituted to support 
the initial and immediate disaster response operations and needs of the 
NDMC and its participating agencies for the current year. The amount 
necessary for the continuous funding of the QRF shall be included in the 
annual General Appropriations Act. 
c. The specific amount of the QRF for the NDMC and appropriate 
participating agencies shall be recommended by the NDMC to the 
President and shall be administered by the NDMC and other recipient 
agencies; Provided that no portion thereof shall be used for administrative 
12 


expenses or as augmentation fund for regular agency programs, projects 
and activities not related to current calamities or disasters. 
d. All departmentslagencies and local government units that were 
allocated with calamity fund shall submit to the NDMC their monthly 
statements on the utilization of calamity funds and make an accounting 
thereof in accordance with existing accounting and auditing rules. 
SECTION 19. Mechanism for Relief Operations during Election Time- 
During election time, the PNRC assumes from the DSWD a lead role in the 
provision of relief assistance to calamity-affected areas unless the latter is 
granted exemption by the COMELEC. 
SECTION 20. Funding of OCD. - As the lead agency to carry out the 
provisions of this Act, the OCD shall be allocated additional budget from the 
annual General Appropriations Act as may be determined by Congress based on 
the OCD budget proposal to be submitted for this purpose. 
SECTION 21.Prohibited Acts. - Any person, groups or corporation who 
commits any of the following prohibited acts shall be held liable and be subjected 
to the penalties as prescribed in Section 22. 
a. Dereliction of duties which lead to damages or death and misuse funds; 
b. Preventing the entry and distribution of relief goods in disaster-stricken 
areas, including appropriate technology, tools, equipment, accessories, 
disaster teams/experts; 
c. Buying, for consumption or resale, from disaster relief agencies any relief 
goods, equipment or other aid commodities which are intended for 
distribution to disaster victims; 
d. Buying, for consumption or resale, from the recipient disaster victims any 
relief goods, equipment or other aid commodities received by them; 
e. Hijacking or forcibly seizing relief goods, equipment or other aid 
commodities intended for or consigned to a specific group of victims or 
relief agency; 
f. Diverting or misdelivering relief goods, equipment, or other aid 
commodities to persons other than the rightful recipient or consignee; 
g. Accepting, possessing, using or disposing relief goods, equipment, or 
other aid commodities not intended for nor consigned to him; 
h. Misrepresenting the source of relief goods, equipment or other aid 
commodities by: 
1. Either covering, replacing or defacing the labels of the containers 
to make it appear that the goods, equipment, or other aid commodities 
came from another agency or persons: 
2. Repacking the goods, equipment, or other aid commodities into 
containers with different markings to make it appear that the goods, came 
from another agency or persons or was released upon the instance or a 
particular agency or persons. 
3. Making false verbal claim that the goods, equipment, or other aid 
commodity in its untampered original containers actually came from 
another agency 'or persons or was released upon the instance or a 
particular agency or persons. 
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i. 
j. 
Substituting or replacing relief goods, equipment, or other aid commodities 
with the same items or inferior/cheaper quality; 
Deliberate use of false or inflated data in support of the request for 
funding, relief goods, equipment or other aid commodities for emergency 
assistance or livelihood projects; 
k. Soliciting funds and/or donations by non-accredited NGOs. In this regard, 
solicitation of funds andlor donations by accredited NGOs shall be 
regulated and monitored by NDMC through its member agencies 
concerned to ensure that public donation are safeguarded and duly 
accounted for. 
SECTION 22. Penal Provisions. -Any person, groups or corporation who 
commits any of the above-listed prohibited acts shall be prosecuted and upon 
conviction, suffer a fine of not less than Fifty Thousand Pesos (P50,OOO.OO) or 
imprisonment of not less than six (6) years and one (1) day nor more than twelve 
(12) years, or both, at the discretion of the Court, including perpetual 
disqualification from public office, if he is a public officer, and confiscation, or 
forfeiture in favor of the government of the objects/fruits of and the 
instrumentalities used in committing any of the herein prohibited acts. 
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 or entity responsible for the violation, without prejudice 
to the cancellation or revocation of its license or accreditation issued to them by 
any licensing or accredited body of the government. If such offender is an alien, 
he shall, in addition to the penalties prescribed, be deported without further 
proceedings after service of the sentence. 
SECTION 23. Rules and Regulations. - Subject to the approval by the 
President, the Chairman, NDMC shall issue the necessary rules and regulations 
for the effective implementation of this Act. 
SECTION 24. Separability Clause. - If any provision of this Act shall be 
held unconstitutional or invalid, the other provisions not otherwise affected shall 
remain in full force and effect. 
SECTION 25. Repealing Clause. - All 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. 
SECTION 26. Effectivity. - This Act shall take effect fifteen (15) days 
following its publication in at least two (2) national newspapers of general 
circulation. 
Approved. 
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