SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
s.No __ 
8_1_9 
Introduced by Sen. 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 2007 bombing of 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. Tbrough 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 Risk Reduction and Management Council (NDRRMC) and undertake disaster 
mitigation and preparedness measure, as well as quick response mechanism, which will allow us 
to reduce the risk 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 ofthis bill is earnestly enjoined 
Senator 
1 


.' 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
819 
S.No. ___ _ 
'13 
JUL 16 P5:03 
", 
~". 
'" 
~ 
RI,{ r',i\ ' " flY: f-
Introdnced by Sen. Antonio "Sonny" F. Trillanes IV 
AN ACT 
ESTABLISHING THE EMERGENCY MANAGEMENT AGENCY (EMA), AMENDING 
FOR THIS PURPOSE REPUBLIC ACT NPMBERED 10121, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Emergency Management Agency Act 
2 
of2013/1. 
3 
4 
SEC.2. Declaration of Policy. - It shall be the policy of the State to: 
5 
(a) Provide for an integrated and coordinated disaster management policy that focuses on 
6 
preventing or reducing the risk of disasters, mitigating the severity of disasters, undertaking 
7 
emergency preparedness, and initiating rapid and effective response to disasters and post-disaster 
8 
recovery. 
9 
(b) Achieve excellence in civil protection through hazard reduction and disaster management at 
10 
all levels of the Philippine society by establishing a coherent, integrated, proficient and 
11 
responsive disaster risk management system, whereby national and regional development plans 
, 
. 
12 
incorporate hazard risk reduction management as components of an integrated and coordinated 
13 
strategy for sustainable development 
14 
( c) Strengthen the institutional structures for coordination, implementation and enforcement of 
15 
policies for the promotion of hazard management and disaster management by providing a basis 
16 
for aligning local planning with a national framework and national plan. 
1 


.' , 
1 
(d) Recognize, support and strengthen local community capacities by encouraging them to 
2 
achieve acceptable levels of risk for undertaking the primary responsibility in reducing risk from 
3 
hazards and managing disasters. 
4 
(e) Support, strengthen and encourage the coordination oflocal government units when reducing 
5 
risk from hazards, preparing for, responding to, and recovering from disasters or emergencies, 
6 
whether natural or man-made. 
7 
(f) Enhance the participation of the private sector, particularly the lifeline utilities, non-
8 
government organizations, and other community-l;>ased organizations in the development and 
9 
delivery of disaster risk management and "bayanihan" among the citizenry. 
10 
(g) Adopt in full the universal norms and principles in humanitarian assistance as one of the 
11 
concrete steps in preventing or alleviating human suffering due to disasters.or calamities. 
12 
13 
SEC. 3. Definition of Terms.- As used in this Act: 
14 
(a) "Community-Based Disaster Management (CBDM) " refers to activities, projects and 
15 
programs to reduce disaster risk which are primarily designed by people living in high risk 
16 
localities based on their needs and capacities and in close coordination with their respective local 
17 
disaster coordinating councils. 
18 
(b) "Director" refers to the Director of the Office of the Emergency Management Agency. 
19 
(c) "Disaster" is an event, natural or man-made, sudden or progressive, which impacts with such 
20 
severity on people's lives and properties, livelihood, essential services, lifelines and major public 
21 
infrastructures, and the environment, that the affected community has to respond with 
22 
exceptional measures or otherwise requires a significant and coordinated response under this 
23 
Act. 
24 
(d) "Disaster Management Councils" refers to all nucleus organizations established at the 
25 
national, regional, provincial, city, municipal, and barangay levels to carry out the disaster 
26 
management activities as defined under this Act. 
27 
( e) "Disaster Response Operations" refers to any concerted effort by two or more agencies, 
28 
public or private, to provide emergency assistance to the victims of a disaster or calamity and in 
29 
the restoration of essential public activities and facilities. 
2 


· ' 
, , 
1 
(f) "Disaster Risk Management" refers to the application of knowledge, measures and practices 
2 
are necessary or desirable for the safety of the public and are designed to guard, prevent, rednce 
3 
or overcome any hazard or harm or loss that m~y be associated with any disaster. It includes all 
4 
activities relating to hazard mitigation and prevention, response preparedness and reliet; and 
5 
long-tenn recovery, rehabilitation and reconstructi0!1' 
6 
(g) "Disaster Mitigation" refers to the measures aimed at minimizing the impact of a natural or 
7 
man-made disaster on a nation or community, in tenns of casualties and damages. 
8 
(h) "Disaster Preparedness" refers to pre-disaster actions and measures being undertaken to 
9 
avert or minimize loss of life and property, such as but not limited to community organizing; 
10 
training, planning, equipping, stockpiling, hazard mapping and public infonnation and education 
11 
initiatives. 
12 
(i) "Disaster Prevention" refers to measures designed to prevent natural phenomena from 
13 
causing or resulting in disaster or other related emergency situations. It is concerned with the 
14 
fonnulation and implementation of long range policies and programs to prevent or minimize the 
" 
15 
occurrence of disasters on the basis of vulnerability analysis of all risks. It also includes 
16 
legislations and regulatory measures principally in the fields of physical and urban planning, 
17 
public works and buildings. 
18 
G) "Emergency" refers to unforeseen or sudden occurrence, especially danger, demanding 
19 
immediate action. 
20 
(k) "Hazard Mitigation" relates to actions, practices or processes.designed to reduce the severity 
21 
or level of harm of a hazard agent on the national community or any part thereof 
22 
(I) "Hazard Risk Reduction" refers to activities that reduce the degree of long-tenn risk to human 
23 
life and property from natural and technological hazards. 
24 
(m) "Lifeline Utilities" refers to entities that produce, generate, supply, distribute OL provide 
25 
services or products that are essential for the ~ffective functioning and maintenance of a 
26 
community. 
27 
(n) "National and Regional Development Plans" has the same meaning as set out by NEDA. 
28 
(0) "National Disaster Management Plan" is the disaster operational ma~ter plan fonnulated and 
29 
revised by the EMA, which sets forth the disaster response requirements of participating parties. 
3 


1 
(p) "National Disaster Risk Management Framework (NDRMF)" is the overarching guideline 
2 
document for the development of disaster risk management practices and processes for the 
3 
Philippines. The NDRMF should be integrated in the National Development Plan and budget. 
4 
(q) "Rehabilitation" refers to the process by which the affected communities/areas or damaged 
5 
public infrastructures are restored to their proper or normal level of functioning and to new 
6 
measures introduced to reduce future hazards and risks. 
7 
8 
SEC. 4. Scope - This Act provides for all the actions and measure~ pertaining to hazard 
9 
mitigation, disaster prevention/preparedness, response, and rehabilitation, and disaster risk 
10 
management as defined under this Act. 
11 
12 
SEC. 5. The Emergency Management Agency.- The Office of the Emergency 
13 
Management Agency (EMA) is hereby created. EMA shall be an independent body and shall 
14 
have the same status as that of a national agency attached to the Office of the President. 
15 
The EMA shall be headed by a Board composed of a Director and two (2) Members, to 
16 
be appointed by the President of the Republic of the Philippines from a list of nominees 
17 
submitted by agencies and organizations active in disaster management,. both in the public and 
18 
private sectors. All nominees must be considered experts in the field of emergency and disaster 
19 
management and of proven integrity and competence. 
20 
The Director and two (2) members shall serve for a term of five (5) years and their 
21 
positions considered as civil service career positions: Provided, That the Director or one of the 
22 
Members first appointed after the effectivity 0 f this Act shall serve for an additional one (1) year 
23 
to ensure continuity of the programs. The Director shaU have the same rank and privileges of a 
24 
department Secretary while the two (2) Members shaH have the same rank and privileges of the 
25 
Undersecretaries of a department. 
26 
27 
SEC. 6. Powers and Functions of the Emergency Management Agency.- The EMA 
. 
, 
28 
shall have the following powers and functions: 
4 


1 
(a) Formulate policies on emergency and disaster response and management, and develop a 
2 
comprehensive national Emergency and Disaster Prevention and Preparedness Plan. 
3 
(b) Advise the President on the status of emergency and disaster response, recovery, mitigation, 
4 
risk reduction, prevention and preparedness efforts being undertaken by concerned government 
5 
and private entities. 
6 
(c) Recommend to the President the declaration of a state of calamity in areas extensively 
7 
damaged and submi t proposals to establish normalcy in the affected areas. 
8 
(d) Ensure that all emergency and disaster preparedness and mitigation activities such as training, 
9 
public information and other programs/projects requiring regional and international support shall 
10 
be carried out in accordance with duly established national policies. 
11 
(e) Foster and facilitate the participation of non-government agencies in measures taken by the 
12 
government for emergency and disaster-related concerns. 
13 
(f) Develop a national disaster risk management framework. 
14 
(g) Render annual reports to the President and to Congress. 
15 
16 
SEC. 7. The Emergency Management Agency Secretariat- The EMA Secretariat shall 
17 
be formed to manage the day-to-day activities of the EMA. 1he Board shall determine the 
18 
staffing pattern and compensation scheme of the Secretariat subject to existing rules and 
19 
regulations. 
20 
The Secretariat shall be headed by an Executive Director who shall serve as the Chief 
21 
Operations Officer of the EMA. The Secretariat of the EMA shall take over the functions, duties 
22 
and responsibilities and assume the powers and authority vested by existing laws, rules and 
23 
regulations unto the National Coordinating Council (NDCC). It shall serve as the forum for 
24 
coordination and support of the different volunteer organizations established by the Emergency 
25 
Field Offices throughout the country. 
26 
SEC. 8. The Emergency and Disaster Field Offices.- Emergency and Disaster Field 
27 
Offices shall be established in every region, province, city, municipality and barangay. 
28 
The Emergency and Disaster Field Offices each headed by a Director, shall coordinate all 
5 


1 
disaster management-related efforts with the provincial, municipal and barangay authorities. 
2 
SEC. 9. Powers and Functions of the Emergency and Disaster Field Offices.- The 
3 
Emergency and Disaster Field Offices shall be empowered to: 
4 
(a) Formulate policies on emergency disaster response and management in accordance with the 
5 
national policies and the comprehensive national Emergency and Disaster Preparedness and 
6 
Prevention Plan set down by the Board, taking into account the ~nique circumstances obtaining 
7 
in their respective areas of jurisdiction. 
8 
(b) Identify hazards/disaster risks in their areas of responsibility and draw up counter-emergency 
9 
and disaster plans/strategies. 
10 
(c) Identify and source funding for specific emergency and disaster preparedness and 
11 
management projects. 
12 
(d) In consultation with the affected province, municipality or barangay, identiy evacuation 
13 
areas, whenever necessary. 
14 
(e) Coordinate with agencies and organizatioIKinvo Ived in emergency and disaster managemerrt 
15 
efforts within their jurisdiction: Provided, That the Board, by itself or through the Secretariat, 
16 
shall make all such coordinative efforts with similar entities on the national and international 
17 
levels. 
18 
(f) Organize volunteers in their respective jurisdictions who can be mobilized to undertake 
19 
emergency or disaster related work. 
20 
(g) Enforce curfews and compel forced evacuation whenever circumstances warrant such 
21 
actions. 
22 
(h) Deputize all law enforcement agencies m enforcing laws designed to protect the environment 
23 
and prevent disasters, and in implementing its task mentioned in paragraph of this section. 
24 
25 
SEC. 10. Responsibilities of Local Government.-
26 
(a) Every local government must establish a disaster management council for the purposes of this 
27 
Act. 
6 


-------------------------------------------------------------- . 
~ 
, 
I. 
1 
(b) Every local government unit may unite with other local government units that have common 
2 
borders as a joint local government for the purposes of this Act. 
3 
( c) It shall be mandatory on the part of local governments to formulate their own. local 
4 
ordinances to be consistent with the requirements of this Act. 
5 
(d) Local development plans shall incorporate risk reduction management as a strategy 111 
6 
sustainable development. 
7 
(e) Local government units must ensure that its actions m exercising or performing its functions, 
8 
duties and powers under this Act are not inconsistent with any national disaster risk management 
9 
requirement. 
10 
11 
SEC. 11. Importations and Donations of Food, Clothing, Medicines and Equipment 
12 
Relief and Rehabilitation and Other Disaster Management Related Supplies and Equipment 
13 
for Calamity-Affected Areas.- The importations and donations of food, clothing, medicines and 
14 
equipment for relief and rehabilitation imd other disaster management relat~d supplies are hereby 
15 
authorized in accordance with Sec. 105 of the Tariff and Customs Code of the Philippines, as 
16 
amended, and the prevailing provisions of the General Appropriations Act covering national 
17 
internal revenue taxes and import duties of the national and local government agencies. 
18 
Importations and donations under this Section shall be considered as importations by 
19 
and/or donations to the Emergency Management Agency, subject to the approval of the Office of 
20 
the President. 
21 
22 
SEC. 12. Release, Allocation and Accounting of the National Calamity Fund.- The 
23 
National Calamity Fund (NCF) appropriated under the General Appropriations Act (GAA) shall 
24 
be used for aid, relief, rehabilitation, reconstructions and other works or services in connection 
25 
with calamities which may occur during ~he budget year or those that occurred in the past two (2) 
26 
years from the budget year, including training of personnel and other pre-disaster activities and 
27 
capital expenditures for pre-disaster operation, rehabilitation and other related activities, in order 
28 
of priority as may be determined by the EMA. 
29 
A Quick Response Fund (QRF) is hereby constituted to support the initial and immediate 
7 
, 


" , 
1 
disaster response operations and needs of the EMA and its participating agencies for the current 
2 
year, The amount necessary for the continuous funding of the QRF shall be included in the 
3 
annual General Appropriations Act 
4 
The specific amount of the QRF for the EMP and appropriate participating agencies shall 
5 
be recommended by the EMA to the President and shall be administered by the EMA and other 
6 
recipient agencies; Provided that no portion thereof shall be used for administrative expenses or 
7 
as augmentation fund for regular agency programs, projects and activities not related to current 
8 
calamities or disasters. 
9 
All departments/agencies and local govemment units that were allocated with calamity 
10 
fund shall submit to the EMA their monthly statements on the utilization of calamity funds and 
11 
make an accounting thereofin accordance with existing accounting and aUditing rules, 
12 
13 
SEC. 13. Implementing Rules and Regulations.- The EMA shall promulgate the 
14 
necessary rules and regulations for the effective implementation of this Act. 
15 
16 
SEC. 14. Separability Clause.- If any provision of this Act shall be held unconstitutional 
17 
or invalid, the other provisions not otherwise affected shall remain in full force and effect. 
18 
19 
SEC. 15. Repealing Clause.- All laws, decrees, executive orders, proclamations and 
20 
other executive issuances or parts thereof, which are inconsistent with or contrary to the 
21 
provisions of this Act are hereby repealed or amended accordingly, 
22 
23 
SEC. 16. Effectivity.- This Act shall take effect fifteen (15) days following its publication 
24 
in the Official Gazette or in a major newspaper of general circulation in the Philippines, 
Approved, 
8