Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS

First Regular Session

2590

House Bill No.

Introduced by HON. PAOLO EVERARDO S. JAVIER

EXPLANATORY NOTE

This bill seeks to amend Section 21 of Republic Act No. 10121 which
was recently enacted by the 14" Congress on May 22, 2010.

Section 21 of RA No. 10121 reads in part.

“The present Local Calamity Fund shall henceforth be known as the
Local Disaster Risk Reduction and Management Fund (LDRRME). Not less
than five (5%) of the estimated revenue from the regular sources shall ba set
aside as the LDRRMF to support disaster management activities such as ...”

First. This provision has to be amended. It authorizes only the
expenditure of 5 percent of the Local Disaster Risk Reduction and
Management Fund (LDRRMF) the LGUs to pre-disater preparedness which
includes :training, purchasing life-saving rescue equipment, supplies and
medicines for post disaster activities and for the payment of premiums on
calamity insurance.”

Apparenly, it excludes expenditures from the LDRRMF for disaster
prevention which is defined in Section 3 of the act as:

“Outright avoidance of adverse impacts of hazards and related
disasters. It expresses the concept and intention to completely avoid
potential adverse impacts through action taken in advance such as
construction of dams or embankments that eliminate flood risks, land-
use regulations that do not permit any settlement in high-risk zones
and seismic engineering designs that ensure the survival and function
ofa critical building in any likely earthquake.”

Accordingly, LGU’s may not use the LDRRMF in the construction of
dams and other types of river controls in areas which are vulnerable to
flooding.


Second. The accrual of the balance of the 5% LDRRMF to a special
trust fund to be solely spent for disaster risk reduction management within
the next five years unreasonably sequesters the unexpended balance and
denies the LGUs the use of the unexpended balance for social services or
development programs. Thus, the unexpended balance of the LDRRMF for
the 2010 may not be spent for other budgetary programs until 2016, for year
2011 until 2017, for the year 2012 until 2018 and so forth ad infinitum.

The sequestration of the unexpended LDRRMF balance is
unnecessary since the 5% is automatically appropriated in the annual budget
of the LGU’s under the Local Government Code.

Hence, the bill proposes to amend section 21 of RA No. 10121 by

(1) including “disaster prevention” as eligible for funding from the
LDRRMF;

(2) deleting the sequestration of the unexpended balance of the
LDRRMF fund and providing for the accrual of the balance to the 20%
development fund for the succeeding year.

Immediate approval of this bill is urged.

o——

HON. PAOLO £VERARDO S. JAVIER
Represtntative
Lone Distriet, Antique

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House Bill No. _ 2590

Introduced by: HON. PAOLO EVERARDO S. JAVIER

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT
No. 10121 OTHERWISE KNOWN AS AN ACT STRENGTHENING
THE PHILIPPINE DISASTER RISK REDUCTION AND
MANAGEMENT SYSTEM PROVIDING FOR THE NATIONAL
DISASTER RISK REDUCTION AND MANAGEMENT
FRAMEWORK AND INSTITUTTIONALIZING THE NATIONAL
DISASTER RISK REDUCTION AND MANAGEMENT PLAN,
APPROPRIATING FUNDS THEREFORE AND FOR OTHER
PURPOSE.

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

Section I. Section 3 of Republic Act No. 10121 is hereby amended to read
as follows:

Section 3. Definition of Terms

XXX

(k.) “Disaster Prevention” ~ the outright avoidance of adverse impacts
of hazards and related disasters. It expresses the concept and intention to
completely avoid potential adverse impacts through action taken in advance
such as construction of dams or embankments, AND DESILTING,
RECHANNELING and DREDGING OF RIVERS AND
WATERWAYS that eliminate flood risks, land-use regulations that do not
permit any settlement in high-risk zones and seismic engineering designs
that ensure the survival and function of a critical building in any likely
earthquake.

XXX


Section 2. Section 21 of Republic Act 10121 is hereby amended to read as
follows:

“Section 21 ~ Local Disaster Risk Reduction and Management Fund
(LDRRMF). — The present Local Calamity Fund shall henceforth be known
as the Local Disaster Risk Reduction and Management Fund (LDRRMEF).
Not less than five percent (5%) of the estimated revenue from regular
sources shall be set aside as the LDRRMF to support disaster risk
management activities such as, but not limited to, DISASTER
PREVENTION and pre-disaster preparedness programs including training,
purchasing life-saving rescue equipment, supplies and medicines, for post-
disaster activities, and for the payment of premiums on calamity insurance.
The LDRRMC shall monitor and evaluate the use and disbursement of the
LDRRMF based on the LDRRMP as incorporated in the local development
plans and annual work and financial plan,. Upon the recommendation of the
LDRRMO and approval of the sanggunian concerned, the LDRRMC may
transfer the said fund to support disaster risk reduction work of other
LDRRMCs which are declared under state of calamity”.

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

Unexpended LDRRMF shall accrue to [special fund solely for the
purpose of supporting disaster risk reduction and management activities of
the LDRRMCs within the next five (5) years. Any such amount still not
fully utilized after five (5) years shall revert back to the general fund and
will be available for other social services to be identified by the local
sanggunian] THE TWENTY PERCENT (20%) DEVELOPMENT
FUND OF THE LGU IN THE ENSUING FISCAL YEAR.

Section 3. Repealing Clause - All laws, decrees, executive orders,
proclamations and other executive issuances which are inconsistent with or
contrary to the provisions of this of this Act are hereby amended or repealed
accordingly.

Section 4. Separability Clause — If any provisions of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall
remain in full force and effect.

Section 5. Effectivity Clause ~ This Act shall take effect fifteen (15) days
following its complete publivation in the Official Gazette or in two (2)

national newspapers of general circulation.

Approved.