Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

“ 2
House Bill No. 3622

Introduced by Hon. Mel Senen S. Sarmiento

—_—

EXPLANATORY NOTE

The Philippines has sustained several disasters/calamities that took the
lives of many of our countrymen, destroyed infrastructure, brought
livelihood to a standstill and resulted in massive economic losses to our
communities. Our government has recognized the vulnerability of the
Philippines to disasters and calamities due to our geographical location.
The aftermath of the earthquake in Cebu and Bohol and typhoon
Yolanda which caused havoc to Eastern, Central and Western Visayas
and also portions of Calabarzon (Cavite, Laguna, Batangas, Rizal and
Quezon), Mimaropa (Mindoro, Marinduque, Romblon and Palawan),
Bicol, Northern Mindanao, Davao and Caraga Regions, are just but a
few determinants that the Philippines needs to strengthen its Disaster

Risk Reduction and Management Framework.

In response to this, this Representation seeks to strengthen the National
Disaster Risk Reduction and Management Law by transforming the


Office of Civil Defense as the National Disaster Risk Reduction and
Management Office and clevating it to a Department level headed by a
Cabinet rank position, to pave the way for its empowerment to enable it
to face national and local calamities/disasters more competently and
effectively. The existing National Disaster Risk Reduction and
Management Council (NDRRMC) will retain its present powers and

functions in this proposed measure.

We are resilient people and we face challenging times with courage and
strength but our spirit as a people must be supported by a legislative
action that will make our government able to ensure our fast recovery.
Indeed, in trying times, the Philippine Government and its people must

not fail each other.

In view of the foregoing, passage of this bill is earnestly requested.

MEL amon S. SARMIENTO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

2
House Bill No.. 3622

eo ra
Introduced by Hon. Mel Senen 8. Sarmiento
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AN ACT
TRANSFORMING THE OFFICE OF CIVIL DEFENSE TO
THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT ADMINISTRATION, AMENDING.
REPUBLIC ACT 10121, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.

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

Section 1. Short title. This Act shall be known as the “Strengthened
National Disaster Risk Reduction and Management Act of 2013”.

Section 2. Section 5(jj) of RA 10121 is hereby amended as follows

Section 5. National Disaster Risk Reduction and Management Council. -
The present National Disaster Coordinating Council or NDCC shall
henceforth be known as the National Disaster Risk Reduction and
Management Council, hereinafter referred to as the NDRRMC or the
National Council.


(ji) [Administrator of the OCD] ADMINISTRATOR OF THE
NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT ADMINISTRATION.

‘The representatives from the CSOs and the private sector shall be selected
from among their respective ranks based on the criteria and mechanisms
to be set for this purpose by the National Council.

Section 3. Section 6 of RA 10121 is hereby amended as follows:

Section 6, Powers and Functions of the NDRRMC.- The National
Council, being empowered with policy-making, coordination, integration,
supervision, monitoring and evaluation functions, shall have the
following responsibilities:

(p) Task the [OCD] NDRRMA to conduct periodic assessment and
performance monitoring of the member-agencies of the NDRRMC, and
the Regional Disaster Risk Reduction and Management Councils
(RDRRMCS), as defined in the NDRRMP; and

Section 4. Section 8 of RA 10121 is hereby repealed and amended as
follows:

[Section 8. The Office of Civil Defense. - The Office of Civil Defense
(OCD) shall have the primary mission of administering a comprehensive
national civil defense and disaster risk reduction and management
program by providing leadership in the continuous development of
strategic and systematic approaches as well as measures to reduce the
vulnerabilities and risks to hazards and manage the consequences of
disasters.

The Administrator of the OCD shall also serve as Executive Director of
the National Council and, as such, shall have the same duties and
privileges of a department undersecretary. All appointees shall be
universally acknowledged experts in the field of disaster preparedness and
management and of proven honesty and integrity. The National Council


shall utilize the services and facilities of the OCD as the secretariat of the
National Council.]

Section 5. NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT ADMINISTRATION - IN ORDER TO CARRY
OUT THE PROVISIONS OF THIS ACT, THE OFFICE OF CIVIL
DEFENSE, IS HEREBY TRANSFORMED AND WILL BE REFERRED
TO AS THE NATIONAL DISASTER RISK AND MANAGEMENT
OFFICE AND HEADED BY AN ADMINISTRATOR WITH A RANK
OF A CABINET SECRETARY AND THREE DEPUTY
ADMINISTRATORS WITH RANK OF UNDERSECRETARY- FOR
RESEARCH AND DEVELOPMENT, OPERATIONS AND
TRAININGS, AND PLANS AND PROGRAMS- AND _ IN
COLLABORATION WITH OTHER AGENCIES,
INSTRUMENTALITIES AND ENTITIES AS MEMBERS OF THE
NATIONAL DISASTER RISK AND REDUCTION COUNCIL.

SECTION 8-A. THE POWERS, FUNCTIONS, ALL APPLICABLE
FUNDS AND APPROPRIATIONS, RECORDS, ASSETS, AND
PROPERTIES OF THE OCD ARE HEREBY TRANSFERRED OR
ABSORBED BY THE NDRRMA. THE NDRRMA SHALL, BY
VIRTUE OF THIS ACT, SUCCEED TO ALL RIGHTS AND ASSUME
ALL CONTRACTS AND LIABILITIES OF THE OCD WHICH SHALL
BE ACTED UPON IN ACCORDANCE WITH THE AUDITING CODE
AND OTHER PERTINENT LAW, RULES, AND REGULATIONS.

SECTION 8-B. APPOINTMENT AND QUALIFICATIONS OF THE
ADMINISTRATOR AND DEPUTY ADMINISTRATORS - THE
ADMINISTRATOR SHALL BE APPOINTED BY THE PRESIDENT
SUBJECT TO THE CONFIRMATION OF THE COMMISSION ON
APPOINTMENTS. THE DEPUTY ADMINISTRATORS SHALL BE
APPOINTED ALSO BY THE PRESIDENT.

NO PERSON SHALL BE APPOINTED AS ADMINISTRATOR OR
DEPUTY ADMINISTRATOR UNLESS HE/SHE IS A NATURAL-
BORN FILIPINO CITIZEN, ATLEAST TWENTY- FIVE (25) YEARS
OF AGE, OF GOOD MORAL CHARACTER, WAS NOT
CONVICTED OF ANY CRIME INVOLVING MORAL TURPITUDE,
A HOLDER OF A COLLEGE DEGREE PREFERABLY IN URBAN
AND REGIONAL PLANNING, CIVIL ENGINEERING WITH
SPECIALIZATION IN STRUCTURAL, GEOTECHNICAL,


ARCHITECTURE OR ANY OTHER RELATED COURSE OR MUST
HAVE ACQUIRED EXPERIENCE IN CRISIS MANAGEMENT OR
PUBLIC ADMINISTRATION FOR AT LEAST FIVE (5) YEARS.

SECTION 8-C. TERM OF OFFICE. THE ADMINISTRATOR
SHALL HOLD OFFICE DEPENDING UPON THE WILL OR
DISCRETION OR CO-TERMINOUS WITH THAT OF THE
APPOINTING AUTHORITY.

SECTION 8-D. COMPENSATION - THE ADMINISTRATOR
AND THE THREE DEPUTY ADMINISTRATORS OF THE NDRRMA
SHALL HAVE THE SAME RANK, PRIVILEGES, SALARY,
ALLOWANCES AND OTHER EMOLUMENTS WITH THAT OF THE
OTHER DEPARTMENT SECRETARIES AND
UNDERSECRETARIES, RESPECTIVELY, WHICH SHALL NOT BE
DECREASED DURING THEIR TERM OF OFFICE.

SECTION 8-E. ORGANIZATIONAL STRUCTURE - THE
ADMINISTRATOR AND THE THREE DEPUTY
ADMINISTRATORS SHALL DETERMINE THE FINAL
ORGANIZATIONAL STRUCTURE OF THE NDRRMA NOT LATER
THAN (6) MONTHS FROM THE EFFECTIVITY OF THIS ACT AND
SHALL FIX AND DELINEATE THE CORRESPONDING
FUNCTIONS AND DUTIES OF THE DIVISION OR SECTION
UNDER IT INCLUDING THE INTEGRATION OF THE EXISTING
REGIONAL AND LGU-BASED LOCAL DISASTER REDUCTION
AND MANAGEMENT OFFICES FOR THE EFFICIENT AND
EFFECTIVE DISCHARGE OF ITS POWERS AND FUNCTIONS.
APPOINT, SUBJECT TO THE PROVISIONS OF EXISTING LAWS,
ITS OFFICIALS AND EMPLOYEES AND OTHER PERSONNEL AS
ARE DEEMED NECESSARY FOR THE EFFECTIVE PERFORMANCE
OF ITS FUNCTIONS, DUTIES AND RESPONSIBILITIES.

Section 6. Section 9 (i) of RA 10121 is hereby amended with the
additional sub-sections.

Section 9. Powers and Functions of the [OCD] NDRRMA. - The
[OCD] NDRRMA shall have the following powers and functions:


() The NDRRMA shall confer the appropriate accreditation and
certification and ensure continuing capability-building for the
Disaster Risk Reduction and Management RESEARCH AND
Training Institutes (Institutes hereinafter) IN ALL STATE
UNIVERSITIES AND COLLEGES AND IN such suitable location
as may be deemed appropriate to train public and private individuals,
both local and national, in such subject on disaster risk reduction and

management among others.

The Institutes shall consolidate and prepare training materials and
publications of disaster risk reduction and management books and
manuals to assist disaster risk reduction and management workers in the
planning and implementation of this program and projects. The
Institutes shall conduct research programs to upgrade knowledge and
skills and document best practices on disaster risk reduction and
management. The Institutes are also mandated to conduct periodic
awareness and education programs to accommodate new elective officials
and members of the LDRRMCs; THE INSTITUTES, IN
COLLABORATION WITH THE DOST, ARE ALSO TO
CONDUCT, BUT NOT LIMITED TO, MONITORING AND
RECORDING OF CLIMATIC CHANGE OCCURRENCES AND
PERIODIC DISASTER COMPUTER-AIDED SIMULATION
BASED ON THE RISKS OF ITS SERVICE-AREA.

THE INSTITUTES IN SUCs SHALL BE ORGANIZED BY THE
CHED THROUGH THE PRESIDENT OF THE SUC.
PREFERENCE SHALL BE GIVEN TO SUC PERSONNEL WITH


BACKGROUND IN SCIENCE AND TECHNOLOGY,
ARCHITECTURE, AND ENGINEERING.

Section 7. Section 11 of RA 10121 is hereby amended as follows:

Section 11. Organization at the Local Government Level. - The existing
Provincial, City, and Municipal Disaster Coordinating Councils shall
henceforth be known as the Provincial, City, and Municipal Disaster
Risk Reduction and Management Councils. The Barangay Disaster
Coordinating Councils shall cease to exist and its powers and functions
shall henceforth be assumed by the existing Barangay Development
Councils (BDCs) which shall serve as the LDRRMCs in every barangay.

(a) Composition: The LDRRMC shall be composed of, but not limited to,
the following:

(19) PRESIDENT OF THE SUC IN THE SERVICE-AREA

Section 8, Section 15 of RA 10121 is hereby amended as follows with the
additional sub-sections:

Section 15. Coordination During Emergencies. - The LDRRMCs shall
take the lead in preparing for, responding to, and recovering from the
effects of any disaster based on the following criteria:

(a) The BDC, if a barangay is affected;

() The city/municipal DRRMCs, If two (2) or more barangays are
affected;

(c) The provincial DRRMC, if two (2) or more cities/municipalities are
affected;

(d) The regional DRRMC, if two (2) or more provinces are affected; and

(¢) The NDRRMG, if two (2) or more regions are affected.


The NDRRMC and intermediary LDRRMCs shall always act as support
to LGUs which have the primary responsibility as first disaster
responders. Private sector and civil society groups shall work in
accordance with the coordination mechanism and policies set by the
NDRRMC and concerned LDRRMCs.

SECTION 15-A. CATEGORIES OF RESPONSE CALLED FOR. TO
COMPLEMENT THE MECHANISM OF COORDINATION IN THE
PRECEDING SECTION, THE LDRRMO, BASED ON ITS
IMMEDIATE POST-DISASTER ASSESSMENT, SHALL DECLARE
THE FOLLOWING CATEGORIES TO CALL FOR THE
APPROPRIATE LEVEL DISASTER RESPONSE.

FIRST, CATEGORY 1 - THE LOCAL GOVERNMENT UNIT SHALL
BE THE FIRST DISASTER RESPONDERS IN CASES STILL
MANAGEABLE BY ITS PERSONNEL. ALL OPERATIONAL
EXPENSES OF THE LGU SHALL BE FUNDED ACCORDINGLY
PURSUANT TO SECTIONS 15 AND 21 OF RA 10121.

SECOND, CATEGORY 2 - THE LOCAL GOVERNMENT UNIT,
THROUGH A RESOLUTION BY ITS LDRRMC COMMUNICATED
TO THE NDRRMA, SHALL REMAIN THE FIRST RESPONDERS
BUT SHALL BE SUPPORTED BY THE NATIONAL GOVERNMENT.

THIRD, CATEGORY 3 - IN EXTREME CASES OF INCAPACITY OF
THE LOCAL GOVERNMENT UNIT, THE HIGHEST RANKING
LOCAL OFFICIAL SHALL COMMUNICATE TO THE NDRRMA OF
SUCH INCAPACITY. THE NATIONAL GOVERNMENT,
SPEARHEADED BY THE NDRRMA, SHALL ASSUME DIRECT
CONTROL AND AUTHORITY OF THE EMERGENCY ACTIVITY
DURING THE RESPONSE PHASE IN THE AFFECTED LGU.

Section 9. Implementing Rules and Regulations.- The NDRRMC,
through its Chairperson, shall issue the necessary rules and regulations
for the effective implementation of this Act within ninety (90) days after
approval of this Act. The NDRRMA, in consultation with key
stakeholders, shall take the lead in the preparation of the implementing


rules and regulations with the active involvement of the technical
management group of the NDRRMC.

Section 10. APPROPRIATIONS - The budgetary requirements
necessary for the accomplishment of the purposes and objectives of this
Act shall be included in the General Appropriations Act of the year
following its enactment into law.

Section 11. SEPARABILITY CLAUSE - In the event that any
provision of this Act is declared invalid, the remainder of this Act not
affected thereby shall continue in operation.

Section 12, REPEALING CLAUSE - All laws, presidential decrees,
executive orders or parts thereof that are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

Section 13. EFFECTIVITY - This Act shall take effect after fifteen (15)
days following its complete publication in the Official Gazette or in at
least two (2) newspapers of general circulation.