Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by REPRESENTATIVE RICARDO S. CRUZ, JR.
AN ACT CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD),
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines is one of the countries in the world most vulnerable to disasters
and the effects of climate change, and disaster preparedness is everyone’s job to fulfill.
While through the years there has been some progress in building disaster mitigation, the
two significant changes we have not made are addressing climate change and putting up a
specialized department on disaster resilience.
In the 2022 World Risk Index, the Philippines ranked first (1st) out of 193
countries in terms of disaster risk.1 Further, according to the 2021 Global Climate Risk
Index (CRI), the Philippines ranked seventeenth (17th) in the world as the most affected
by climate-related weather catastrophes.2 The study rankings reflect that there is a need to
establish a clear chain of command in times of major disasters, a focused and specialized
single government agency that functions not only after the occurrence of disasters, but
works all-year- round to ensure that effective mechanisms for disaster risk reduction are
in place even before a disaster occurs since the effects of climate change and the
prevalence of disasters now seem to constitute the “new normal”. Furthermore, one of the
major problems that needs to be addressed is the non-compliance with laws such as the
National Building Code and Fire Code of the Philippines, the lack of evacuation
procedures, the prevalence of illegal logging, the building of structures on rivers and
waterways which impede the flow of water, and the non-segregation of garbage in
violation of law.
The measure seeks to establish a Department that is 1) independent and
well-coordinated with other governing institutions, given supervisory functions over the
Philippine Atmospheric, Geophysical and Astronomical Services Administration and the
Philippine Institute of Volcanology and Seismology, 2) given visitorial powers to ensure
2
https://cpbrd.congress.gov.ph/2012-06-30-13-06-51/2012-06-30-13-36-50/1291-ff2021-09-global-climate-risk-index
-2021
1 https://weltrisikobericht.de/wp-content/uploads/2022/09/WorldRiskReport-2022_Online.pdf;
1
March 20, 2023
12:05 pm
7691


that funding and donations to all entities are used actually, directly, 3) equipped with
emergency and contingency powers, such as commandeering and calling out the Armed
Forces of the Philippines and the Philippine National Police in order to repress
lawlessness and maintain peace and order in a disaster-stricken area, and 4) empowered
to declare a state of calamity in a locality, in consultation with the local government unit
concerned, according to established guidelines and protocols developed by the
Department.
The proposed legislation establishes the ERD, which shall take over the
policy-making,
coordination,
integration,
supervision,
monitoring
and
evaluation
functions of the present ad hoc inter-agency council. The proposed department is
equipped with bureaus specifically tasked to deal with concerns related to the pillars of
disaster risk reduction and management, namely, disaster prevention and mitigation;
disaster preparedness; and humanitarian and disaster response. The functions of the
bureaus are specified to ensure performance of their critical mandates and roles before,
during and after a humanitarian emergency or disaster.
In view of the foregoing, approval of this bill is most urgently and earnestly
recommended.
Hon. Ricardo “Ading” S. Cruz, Jr.
Representative
1st District, Taguig-Pateros
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _______
Introduced by REPRESENTATIVE RICARDO S. CRUZ, JR.
AN ACT CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD),
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the “Emergency Response
Department (ERD) Act”.
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State:
(a)
To uphold the sacredness of human life by efficiently and effectively addressing
humanitarian emergencies, including calamities and disasters, through the
establishment of a focused, streamlined, independent, empowered, capacitated,
full-time, specialized agency on disaster risk reduction and management as well as
emergency response , which is national in scope and civilian in character. The
people are the most important assets of the nation, and all disaster risk reduction
and management efforts shall be responsive to the humanitarian needs of the
people, the dignity and value of the human person, and respect for property;
(b)
To promote a simplified, strategic, systematic, continuous, comprehensive,
inclusive, and integrated approach to disaster risk reduction and management, with
the end in view of substantially reducing vulnerabilities and the risk of disasters
and other humanitarian emergencies, towards the preservation of life and property,
thereby ultimately preventing or deterring the loss of lives and the social,
economic, cultural, and environmental assets of the country;
(c)
To
establish
a
permanent,
institutionalized,
cohesive
and
comprehensive
framework for disaster preparedness, prevention and mitigation, and response, to
be implemented by a full-time and focused specialized agency with its own
mandate, powers, and funding, in coordination and with the participation of the
Philippine government, other foreign governments and financial institutions,
international organizations, the private sector, and civil society.
In disaster risk reduction and management, disaster prevention and
mitigation shall, first of all, aim the outright avoidance of the adverse impacts of
hazards and related disasters. However, with the knowledge and capacities to
effectively anticipate, respond to, and recover from, the impacts of likely,
1
7691


imminent or current hazard events or conditions, preparedness action shall be
carried out in the most effective and efficient manner. In a disaster scenario, the
response shall ensure the provision of emergency services and public assistance,
during or immediately after, a disaster;
(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, responsibility, and transparency, as well
as to achieve efficiency and effectiveness of in the performance of their functions.
SECTION 3. Definition of Terms. - For purposes of this Act, the following shall
refer to:
(a)
Contingency Planning - a management process that analyzes specific potential
events or emerging situations that might threaten society or the environment and
establishes arrangements in advance to enable timely, effective and appropriate
responses to such events and situations;
(b)
Disaster - a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and
impacts, which exceeds the ability of the affected community or society to cope
using its own resources;
(c)
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;
(d)
Emergency Management - the organization and management of resources and
responsibilities
for
addressing
all
aspects
of
emergencies,
in
particular
preparedness, response and initial recovery steps;
(e)
Geographic Information System - a database which contains, among others,
geo-hazard assessments, information on climate change, and climate risk reduction
and management;
(f)
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;
(g)
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;
(h)
Humanitarian - one devoted to the promotion of human welfare and the
advancement of social reform;
(i)
Response - any and all projects, programs, plans, and activities pertaining to action
or inaction to prevent/mitigate, prepare for, and generally perform any and all
activities in relation to, disasters and other humanitarian emergencies. This
includes, but is not limited to, the provision of emergency services and public
assistance during or immediately after a disaster. Disaster response that is
predominantly focused on immediate and short-term needs and is sometimes
2


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 I
THE DEPARTMENT PROPER
SECTION
4.
Emergency
Response
Department.
-
To
carry
out
the
above-declared policy, there is hereby created the Emergency Response Department,
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 humanitarian emergency assistance and disaster risk
reduction and management.
SECTION 5. Powers and Functions. - In addition to the powers and functions
provided by this Act, the Department shall also assume the policy-making, coordination,
integration, supervision, monitoring and evaluation functions currently lodged with the
existing National Disaster Risk Reduction and Management Council (NDRRMC), and
shall take over all of the latter’s responsibilities enumerated in Section 6 of Republic Act
No. 10121. It shall also assume the powers and functions of the Office of the Civil
Defense (OCD) as enumerated in Section 9 of Republic Act No. 10121.
To this end, all references to the NDRMMC and the OCD in Republic Act No.
10121 shall be understood to refer to the Department created under this Act.
The Department shall also have administrative supervision and control over the
existing Regional Disaster Risk Reduction and Management Offices (RDRRMOs), and
the Local Disaster Risk Reduction and Management Offices (LDRRMOs), organized in
all provinces, cities/municipalities and barangays in the country, which are hereby
thereafter called Regional Emergency Response Offices (REROs) and Local Emergency
Response Offices (LEROs), respectively.
SECTION 6. Composition. - The Department Proper 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.
SECTION 7. Office of the Secretary. - The Office of the Secretary shall consist
of the Secretary and his/her immediate staff.
SECTION 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;
3


(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, inter-agency and community-based approach to humanitarian
emergency assistance and disaster risk reduction and management, in line with
Section 6(a) of the Philippine Disaster Risk Reduction and Management Act of
2010;
(c)
Promulgate rules and regulations necessary to carry out department objectives,
policies, functions, plans, programs, and projects;
(d)
Promulgate administrative issuances necessary for the efficient administration of
the offices under his/her jurisdiction and for the proper execution of the laws
relative thereto;
(e)
Exercise direct supervision and control over all functions and activities of the
Department, as well as 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.
SECTION 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. They shall have the powers and functions, as provided
for in Section 10, Chapter 2, Book IV of the Administrative Code of 1987, relative to the
scope of their responsibilities as provided above.
The Office of the Undersecretaries shall consist of the Undersecretaries and their
respective immediate staff.
SECTION 10. Assistant Secretaries. - The Secretary shall also be assisted by
three (3) Assistant Secretaries, one (1) for trainings; one (1) for operations; and one (1)
for legal affairs. The Assistant Secretaries shall be appointed by the President upon the
recommendation of the Secretary.
SECTION 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 relief 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.
SECTION 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
4


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;
(b)
Bureau of Disaster Preparedness;
(c)
Bureau of Humanitarian Emergency Relief Operations; and
(d)
Bureau of Administration and Finance.
SECTION 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;
(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 DRR-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
5


forecasting of hazards, including early warning systems and practices;
(8) Such other functions relevant to its mandate of disaster prevention and
mitigation.
(b)
The Bureau of Disaster Preparedness shall assist the Secretary in the formulation
of policies, programs, and plans related to disaster preparedness, as defined in
Section 2(j) 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, education, 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) Establishment of a 24-hour National Operation Center consolidating all
relevant information on disaster prevention such as hazard maps,
hospitals, evacuation centers, NDRRMC offices, among others;
(4) Developing and monitoring the implementation of locality-based DRRM
contingency plans;
(5) 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 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;
(6) Strengthening the partnership and coordination between and among all
key players and stakeholders in a humanitarian emergency and/or disaster;
(7) 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
(8) 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(l) 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:
6


(1) Establishing
and
implementing
a
comprehensive,
well-coordinated,
effective and efficient Disaster Response Action Plan (DRAP) for every
humanitarian emergency or disaster, with the primary goal of preventing
or deterring the loss of lives, property and livelihood;
(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) 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
(7) Such other functions relevant to its mandate of disaster response.
In case there is total or considerable breakdown of authority resulting from
the humanitarian emergency or disaster, which requires response that goes beyond
the mandate or capacity of the local government unit/s concerned, the Bureau
shall, with prior authorization from the Department, directly formulate, implement,
manage and coordinate all disaster response activities. In such case, the
Department shall be possessed with the power to call upon other agencies and
instrumentalities of government, and neighboring local government units, to
augment, supplement and/or implement disaster response efforts. Further, the
authority of the Bureau shall be provided, described, and limited in the
authorization.
(d)
The Bureau of Administration and Finance shall be composed of the Office of the
Legal Counsel and the Financial and Management Office. The Office of the Legal
Counsel shall be responsible for providing legal services and advice on 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.
The Financial and Management Office, which shall consist of the Human
Resources Management Division, General Services Division, and the Finance
Division, shall be responsible for providing the Department with services relative
to
personnel
information,
records,
supplies,
equipment,
collection
and
7


disbursements, security, and custodial work. It shall also be responsible for
providing the Department with staff advice and assistance on budgetary, financial,
and management improvement matters.
Chapter II
ATTACHED AGENCIES AND COORDINATION WITH OTHER ENTITIES
SECTION 14. Relationship 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, whose
powers and functions are relevant to each bureau’s respective focus area.
SECTION 15. Coordination with Other Entities. - 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.
SECTION 16. Attached Agencies. - The Philippine Atmospheric, Geophysical
and Astronomical Services Administration (PAG-ASA) and the Philippine Institute of
Volcanology and Seismology (PHIVOLCS) are hereby placed under the supervision of
the Department; Provided, however, that they shall continue to perform their respective
functions as provided by law.
Chapter III
THE HUMANITARIAN EMERGENCY ASSISTANCE
AND DISASTER FUND, DONATIONS, AND ACCOUNTABILITY
SECTION 17. Humanitarian Emergency Assistance and Disaster Fund. – At
least one percent (1%) of the estimated revenue from regular sources of government, or
Twenty Five Billion Pesos (PhP 25,000,000,000.00), whichever is higher, shall be set
aside as an annual lump sum appropriation for unforeseen expenditures arising from the
occurrence of calamities: Provided, however, That such appropriation shall be used only
in the area, or a portion thereof, of the country declared as in a state of calamity.
The present National Disaster Risk Reduction and Management Fund (NDRRMF)
and the Local Disaster Risk Reduction and Management Fund (LDRRMF) shall
henceforth be known as the Humanitarian Emergency Assistance and Disaster Fund
(HEAD Fund) and Local Humanitarian Emergency Assistance and Disaster Fund (Local
HEAD Fund), respectively.
The Department shall manage, mobilize, and with the approval of the President,
release resources for disaster risk reduction and management, including the funds herein
provided for. It shall also monitor and provide the necessary guidelines and procedures
for the release, utilization, accounting, and auditing of the Local HEAD Fund.
There shall also be created a regular fund for the personnel, resource requirements,
and other administrative costs related to the operations of the Department.
8


SECTION 18. Donations. - All monetary contributions, and donations in kind
from local or international sources, 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 actually, directly and
solely/exclusively for disaster risk reduction and management efforts.
The Department shall maintain and make publicly available a complete, accurate,
timely, and separate record of such donations, indicating the particular areas where such
were allocated, and the exact purposes for which the same were utilized.
SECTION 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.
The Department and the LGUs concerned shall also upload such records,
information or data on their websites, which shall be regularly updated every fifteen (15)
days. In case of voluminous records, information or data, the Department and/or local
government units concerned may, in its/their discretion, upload only an executive
summary thereof, with a note outlining the procedure/requirements to obtain full access
to the complete record, information, or data.
The record, information, or data uploaded in the websites may be withdrawn after
a period of three (3) years from the time of uploading; Provided, That an abstract thereof
shall remain uploaded in the website, with an indication of the dates of posting and
withdrawal, and a note outlining the procedure/requirements to obtain full access to the
withdrawn record, information, or data.
Chapter IV
TRANSITORY PROVISIONS
SECTION 20. Abolition of the Office of Civil Defense; Transfer of Powers
and Functions. - The Office of Civil Defense is hereby abolished, and its powers and
functions are hereby transferred to the Department. The foregoing transfer of powers and
functions shall include all applicable funds and appropriations, records, equipment,
property, and personnel, as may be necessary.
The Department shall, by virtue of this Act, be subrogated to all the rights and
assume all the liabilities of the Office of Civil Defense, and all other agencies, or
government units whose functions and powers have been transferred to the Department,
and all their funds, records, property, assets, equipment, and such personnel as necessary,
including unexpended appropriations and/or allocations. All contracts and liabilities of
the said offices, agencies, and government units are hereby transferred to and assumed by
the Department and shall be acted upon in accordance with the Auditing Code and other
pertinent laws, rules, and regulations; Provided, That the officers and employees of said
offices, agencies, and government units shall continue in a holdover capacity until such
9


time as the new officers and employees of the Department shall have been duly appointed
pursuant to the provisions of this Act.
The same shall apply to agencies and government units which have not been
abolished, but whose functions have been transferred to the Department.
SECTION 21. Structure and Staffing Pattern. - The organizational framework
and staffing pattern of the Department shall be prescribed and approved by the Secretary
within sixty (60) days after the approval of this Act and the authorized positions created
therein shall be filled by regular appointments by the President or the Secretary as the
case may be; Provided, That, in the filling of positions created, preference shall be given
to the personnel of the Office of Civil Defense.
SECTION 22. Separation from Service. - Employees separated from the service
as a result of this reorganization shall, within six (6) months from their separation from
the service, receive the retirement benefits to which they may be entitled under existing
laws, rules, and regulations.
SECTION
23.
Appropriations.
-
The
amount
needed
for the initial
implementation of this act shall be taken from the current year’s appropriations of the
National Disaster Risk Reduction and Management Council, the Local Disaster Risk
Reduction and Management Councils, and the Office of Civil Defense. Thereafter, the
amount needed for the operation and maintenance of the Department and its Line
Agencies shall be included in the annual General Appropriations Act.
Chapter V
MISCELLANEOUS PROVISIONS
SECTION 24. 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.
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 non-governmental entity, or the institution of any proper legal action against
the erring official concerned, in case of a governmental entity.
SECTION 25. 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.
10


SECTION 26. Commandeering Private Property for Public Purpose. - The
Secretary of the Department shall have the power to commandeer 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, situation, or functionality shall be subjected to a fine and/ or imprisonment
as provided for in Sec. 28 of this Act.
SECTION 27. 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.
SECTION 28. 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.
SECTION 29. 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
11


part, monetary contribution or donation, shall be guilty of the crime of corruption
of calamity funds or donations, and shall be prosecuted and upon conviction shall
suffer a fine of not less than One Hundred Fifty Thousand Pesos (Php150,000.00)
or any amount not to exceed One Million Five Hundred Thousand Pesos
(Php1,500,000.00), 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 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 or malversation of such funds or property, shall be punished by
the penalties next higher by three degrees than those respectively specified in
Article 217 of the Revised Penal Code;
In all the above, if the offender is a corporation, partnership 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 these entities license or
accreditation issued to them by any licensing or 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.
SECTION 30. 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.
SECTION 31. 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 reports shall be made available to the public for
12


scrutiny, copying, and reproduction, and shall also be uploaded in the Department’s
website.
SECTION 32. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation of the
provisions of this Act. The Committee shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives with the Chairpersons of
the Committees on National Defense and Security of both the Senate and the House of
Representatives as joint Chairpersons of 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.
SECTION 33. Sunset Review. - Within five (5) years after the effectivity of this
Act, or as the need arises, the Congressional Oversight Committee shall conduct a
systematic evaluation of the accomplishments and impact of this Act, as well as the
performance and organizational structure of the Department, for purposes of determining
remedial legislation.
SECTION 34. 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.
SECTION 35. 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.
SECTION 36. 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,
13