FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
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S. NO. 
0 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
Our country is ravaged year after year by numerous emergencies of all sorts. From lahar flows 
which devastated most parts of Luzon, volcanic eruptions, earthquakes and typhoons which 
routinely pummel the country every year, to the disaster in Irosin, Sorsogon brought about by the 
Mount Bulusan eruption, and the most recent bombing in Glorietta 2. This just goes to show that 
emergencies of one sort or another are a fact of life which will always pose challenges for us as a 
nation. 
The best we can do is to be prepared and to be on the lookout in order to prevent emergencies 
from intensifying into full-scale disasters. Through this piece of legislation, the undersigned 
proposes the creation of a permanent, full-time national agency under the Office of the President 
to help the country plan and prepare for emergencies. It is proposed that this agency take over the 
National Disaster Coordinating Council (NDCC) and undertake disaster mitigation and 
preparedness measures as well as quick response mechanism which will allow us to reduce the 
risks of disasters, mitigate possible damage to life and property, initiate rapid and effective 
response to disasters, and effectively manage post-disaster recovery. 
Hence, the immediate passage of this bill is earnestly enjoined. 
+*<\\- 
A N ~ O ~ I O  
“SONNY” F. TRILLANES IV 
Senator 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
S.NO. 2 
/ 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
ESTABLISHING THE EMERGENCY MANAGEMENT AGENCY (EMA) AND 
PROVIDING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title - This Act shall be known as the “2008 Emergency Management 
Agency Act”. 
SEC.2. Declaration of Policy - It shall be the policy of the State to: 
(a) Provide for an integrated and coordinated disaster management policy that focuses on 
preventing or reducing the risk of disasters, mitigating the severity of disasters, 
undertaking emergency preparedness, and initiating rapid and effective response to 
disasters and post-disaster recovery 
(b) Achieve excellence in civil protection through hazard reduction and disaster management 
at all levels of the Philippine society by establishing a coherent, integrated, proficient and 
responsive disaster risk management system, whereby national and regional development 
plans incorporate hazard risk reduction management as components of an integrated and 
coordinated strategy for sustainable development. 
(c) Strengthen the institutional structures for coordination, implementation and enforcement 
of policies for the promotion of hazard management and disaster management by 
providing a basis for aligning local planning with a national framework and national plan. 
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(d) Recognize, support and strengthen local community capacities by encouraging them to 
achieve acceptable levels of risk for undertaking the primary responsibility in reducing 
risk from hazards and managing disasters. 
(e) Support, strengthen and encourage the coordination of local government units when 
reducing risk from hazards, preparing for, responding to, and recovering from disasters or 
emergencies, whether natural or man-made. 
(0 Enhance the participation of the private sector, particularly the lifeline utilities, non- 
government organizations, and other community-based organizations in the development 
and delivery of disaster risk management and “buyanihan ” among the citizenry. 
(g) Adopt in full the universal norms and principles in humanitarian assistance as one of the 
concrete steps in preventing or alleviating human suffering due to disasters or calamities. 
SEC. 3. Definition of Term. As used in this Act: 
(a) “Community-Bused Disaster Management (CBDW ” 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. 
(b) “Director” refers to the Director of the Office of the Emergency Management Agency. 
(c) “Disaster ” is an event, natural or man-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 or otherwise requires a significant and coordinated 
response under this Act. 
(d) “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. 
(e) “Disaster Response Operations ” 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. 
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(f) “Disaster Risk Management” refers to the application of knowledge, measures and 
practices are necessary or desirable for the safety of the public and are designed to guard, 
prevent, reduce or overcome any hazard or harm or loss that may be associated with any 
disaster. It includes all activities relating to hazard mitigation and prevention, response 
preparedness and relief, and long-term recovery, rehabilitation and reconstruction. 
(g) “Disaster Mitigation” refers to the measures aimed at minimizing the impact of a natural 
or man-made disaster on a nation or community, in terms of casualties and damages. 
(h) “Disaster Preparedness” refers to pre-disaster actions and measures being undertaken to 
avert or minimize loss of life and property, such as but not limited to community 
organizing, training, planning, equipping, stockpiling, hazard mapping and public 
information and education initiatives. 
(i) “Disaster Prevention ” refers to measures designed to prevent natural phenomena from 
causing or resulting in disaster or other related emergency situations. It is concerned with 
the formulation and implementation of long range policies and programs to prevent or 
minimize the occurrence of disasters on the basis of vulnerability analysis of all risks. It 
also includes legislations and regulatory measures principally in the fields of physical and 
urban planning, public works and buildings. 
(j) “Emergency” refers to unforeseen or sudden occurrence, especially danger, demanding 
immediate action. 
(k) “Hazard Mitigation” relates to actions, practices or processes designed to reduce the 
severity or level of harm of a hazard agent on the national community or any part thereof 
(1) “Hazard Risk Reduction” refers to activities that reduce the degree of long-term risk to 
human life and property from natural and technological hazards. 
(m) “Lijdine Utilities ” refers to entities that produce, generate, supply, distribute or provide 
services or products that are essential for the effective functioning and maintenance of a 
community. 
(n) “National and Regional Development Plans” has the same meaning as set out by NEDA. 
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(0) “National Disaster Management Plan ” is the disaster operational master plan formulated 
and revised by the EMA, which sets forth the disaster response requirements of 
participating parties. 
(p) “National Disaster Risk Management Framework ( N D M )  ” is the overarching 
guideline document for the development of disaster risk management practices and 
processes for the Philippines. The N D W  should be integrated in the National 
Development Plan and budget. 
(9) “Rehabilitation ” refers to the process by which the affected communities/areas or 
damaged public infrastructures are restored to their proper or normal level of functioning 
and to new measures introduced to reduce future hazards and risks. 
SEC. 4. Scope. This Act provides for all the actions and measures pertaining to hazard 
mitigation, disaster preventionlpreparedness, response, and rehabilitation, and disaster risk 
management as defined under this Act. 
SEC. 5. The Emergency Management Agency. 
The Office of the Emergency 
Management Agency (EMA) is hereby created. EMA shall be an independent body and shall 
have the same status as that of a national agency attached to the Office of the President. 
The EMA shall be headed by a Board composed of a Director and two (2) Members, to 
be appointed by the President of the Republic of the Philippines from a list of nominees 
submitted by agencies and organizations active in disaster management, both in the public and 
private sectors. All nominees must be considered experts in the field of emergency and disaster 
management and of proven integrity and competence. 
The Director and two (2) members shall serve for a term of five ( 5 )  years and their 
positions considered as civil service career positions: Provided, That the Director or one of the 
Members first appointed after the effectivity of this Act shall serve for an additional one (1) year 
to ensure continuity of the programs. The Director shall have the same rank and privileges of a 
department Secretary while the two (2) Members shall have the same rank and privileges of the 
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Undersecretaries of a department. 
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SEC. 6. Powers and Functions of the Emergency Management Agency. The EMA 
shall have the following powers and functions: 
(a) Formulate policies on emergency and disaster response and management, and develop a 
comprehensive national Emergency and Disaster Prevention and Preparedness Plan. 
(b) Advise the President on the status of emergency and disaster response, recovery, 
mitigation, risk reduction, prevention and preparedness efforts being undertaken by 
concerned government and private entities. 
(c) Recommend to the President the declaration of a state of calamity in areas extensively 
damaged and submit proposals to establish normalcy in the affected areas. 
(d) Ensure that all emergency and disaster preparedness and mitigation activities such as 
training, public information and other programs/projects requiring regional and 
international support shall be carried out in accordance with duly established national 
policies. 
(e) Foster and facilitate the participation of non-government agencies in measures taken by 
the government for emergency and disaster-related concerns. 
(f) Develop a national disaster risk management framework. 
(g) Render annual reports to the President and to Congress. 
SEC. 7. The Emergency Management Agency Secretariat. The EMA Secretariat shall 
be formed to manage the day-to-day activities of the EMA. The Board shall determine the 
staffing pattern and compensation scheme of the Secretariat subject to existing rules and 
regulations. 
The Secretariat shall be headed by an Executive Director who shall serve as the Chief 
Operations Officer of the EMA. The Secretariat of the EMA shall take over the functions, duties 
and responsibilities and assume the powers and authority vested by existing laws, rules and 
regulations unto the National Coordinating Council (NDCC). It shall serve as the forum for 
coordination and support of the different volunteer organizations established by the Emergency 
Field Offices throughout the country. 
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SEC. 8. The Emergency and Disaster Field OfJces, Emergency and Disaster Field 
Offices shall be established in every region, province, city, municipality and barangay. 
The Emergency and Disaster Field Offices each headed by a Director, shall coordinate all 
disaster management-related efforts with the provincial, municipal and barangay authorities. 
SEC. 9. Powers and Functions of the Emergency and Ddsaster Field Offices. The 
Emergency and Disaster Field Offices shall be empowered to: 
(a) Formulate policies on emergency disaster response and management in accordance with 
the national policies and the comprehensive national Emergency and Disaster 
Preparedness and Prevention Plan set down by the Board, taking into account the unique 
circumstances obtaining in their respective areas of jurisdiction. 
(b) Identify hazardddisaster risks in their areas of responsibility and draw up counter- 
emergency and disaster plans/strategies. 
(c) Identify and source funding for specific emergency and disaster preparedness and 
management projects. 
(d) In consultation with the affected province, municipality or barangay, identify evacuation 
areas, whenever necessary. 
(e) Coordinate with agencies and organizations involved in emergency and disaster 
management efforts within their jurisdiction: Provided, That the Board, by itself or 
through the Secretariat, shall make all such coordinative efforts with similar entities on 
the national and international levels. 
(Q Organize volunteers in their respective jurisdictions who can be mobilized to undertake 
emergency or disaster related work. 
(g) Enforce curfews and compel forced evacuation whenever Circumstances warrant such 
actions. 
(h) Deputize all law enforcement agencies in enforcing laws designed to protect the 
environment and prevent disasters, and in implementing its task mentioned in paragraph 
(e) of this section. 
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SEC. 10. Responsibilities of Local Government. 
(a) Every local government must establish a disaster management council for the purposes 
of this Act. 
(b) Every local government unit may unite with other local government units that have 
common borders as a joint local government for the purposes of this Act. 
(c) It shall be mandatory on the part of local governments to formulate their own local 
ordinances to be consistent with the requirements of this Act. 
(d) Local development plans shall incorporate risk reduction management as a strategy in 
sustainable development. 
(e) Local government units must ensure that its actions in exercising or performing its 
functions, duties and powers under this Act are not inconsistent with any national 
disaster risk management requirement. 
SEC. 11. Importations and Donations of Food, Clothing, Medicines and Equipment 
for Relief and Rehabilitation and Other Disaster Management Related Supplies and 
Equipment for Calami@-Affected Areas. The importations and donations of food, clothing, 
medicines and equipment for relief and rehabilitation and other disaster management related 
supplies are 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 the national and local government 
agencies. 
Importations and donations under this Section shall be considered as importations by 
and/or donations to the Emergency Management Agency, subject to the approval of the Office of 
the President. 
SEC. 12. Release, Allocation and Accounting of the Natlonal Calamity Fund The 
National CaIamity Fund (NCF) appropriated under the General Appropriations Act (GAA) shall 
be used for aid, relief, rehabilitation, reconstructions and other works or services in connection 
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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 
of priority as may be determined by the EMA. 
A Quick Response Fund (QRF) is hereby constituted to support the initial and immediate 
disaster response operations and needs of the EMA 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. 
The specific amount of the QRF for the EMP and appropriate participating agencies shall 
be recommended by the EMA to the President and shall be administered by the EMA and other 
recipient agencies; Provided that no portion thereof shall be used for administrative expenses or 
as augmentation fund for regular agency programs, projects and activities not related to current 
calamities or disasters. 
All departments/agencies and local government units that were allocated with calamity 
fund shall submit to the EMA their monthly statements on the utilization of calamity funds and 
make an accounting thereof in accordance with existing accounting and auditing rules. 
SEC. 13. Implementing Rules and Regulations. The EMA shall promulgate the 
necessary rules and regulations for the effective implementation of this Act. 
SEC. 14. 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. 
SEC. 15. Repealing Clause. All laws, decrees, executive orders, proclamations and 
other executive issuances or parts thereof, which are inconsistent with or contrary to the 
provisions of this Act are hereby repealed or amended accordingly. 
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SEC. 16. Eflectivity. This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or in a major newspaper of general circulation in the 
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Philippines. 
Approved, 
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