Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No.__ 5097

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

Article I, Section 25, of the 1987 Constitution provides that “The State
shall ensure the autonomy of local governments”. Section 2 of the Local
Government Code also states that “the State shall provide for a more
responsive and accountable local government structure instituted through a
system of decentralization whereby local government units shall be given more
powers, authority, responsibilities, and resources”.

RA 10121 or the Philippine Disaster Risk Reduction and Management
Act has placed the local government units in the frontline of disaster
preparedness, response and rehabilitation. It transformed the calamity funds of
the LGUs into the Local Disaster Risk Reduction and Management Fund.
Under the present law, the LDRRMF may now be utilized by the LGUs to fund
projects and programs that enhance disaster preparedness and mitigate the
effects of calamities.

In the unfortunate event that disaster or calamity strikes, it is the Local
Disaster Risk Reduction and Management Office in the LGUs that are at the
forefront of mother nature’s wrath in providing safety and protection fortheir
constituents. However, due to budgetary restrictions, LGUs are unable hire the
necessary man power to provide adequate response and assistance to affected
citizens during disasters.

It must also be noted, that the effects of disasters would be greatly
mitigated and reduced if LGUs will have the necessary funds to provide local
infrastructure projects designed to protect against natural disasters. The after
effects of disasters will also be lessened if LGUs are given flexibility in providing
for a swift reconstruction, repair and rehabilitation of their infrastructure
damaged by disasters.


Conversely, when the LGU does not suffer and disasters or calamities, its
LDRRMF accrues to a special trust fund which may only be utilized for disaster
risk reduction and management, There are numerous LGUs specially located
throughout the Philippines where they are seldom affected by disasters and
calamities. The period where the trust fund may revert back to the general fund
should be shortened to three (3) years so that the LGU may align unused funds
for social services identified by the local sanggunian.

There is an urgent need to broaden the options of the LGUs in the
utilization of the LDRRMF. This bill proposes the use of the LDRRMF in
funding infrastructure projects designed to mitigate the effects of natural
disasters as well as allowing the LGUs to use the LDRRMF to pay for
obligations incurred in funding projects related to disaster preparedness and
mitigation. Moreover, this bill shall allow the utilization of the LDRRMF in the
hiring of the necessary personnel required to implement the provisions of this
Act.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No,__ 0097

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
EXPANDING THE APPLICATION OF THE LOCAL DISASTER RISK
REDUCTION AND MANAGEMENT FUND BY AMMENDING REPUBLIC ACT
NO. 10121, OTHERWISE KNOWN AS THE PHILIPPINE DISASTER RISK
REDUCTION AND MANAGEMENT ACT OF 2010

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

Section 1. Section 12 of R.A. 10121 is hereby amended to read as follows:

Sec. 12. Local Disaster Risk Reduction and Management Office
(LDRRMO). —

(a) There shall be established an LDRRMO in every province, city and
municipality, and a Barangay Disaster Risk Reduction and Management
Committee (BDRRMC) in every - barangay which shall be responsible for setting
the direction, development, implementation and coordination of disaster risk
management programs within their territorial jurisdiction.

(b) The LDRRMO shall be under the office of the governor, city or
municipal mayor, and the punong barangay in case of the BDRRMC. The
LDRRMOs shall be initially organized and composed of a DRRMO to be assisted
by three (3) staff responsible for: (1) administration and training; (2) research
and planning; and (3) operations and warning. The LDRRMOs and the
BDRRMCs shall organize, train and directly supervise the local emergency
response teams and the ACDVs.

(c) The provincial, city and municipal DRRMOs or BDRRMCs shall
perform the following functions with impartiality given the emerging challenges
brought by disasters of our times:


(1) Design, program, and coordinate disaster risk reduction and
management activities consistent with the National Council's standards and
guidelines;

XXX XXX XXX

(26) APPOINT OR HIRE COMPETENT AND SUITABLY-TRAINED
DIRECT RESCUE AND RESPONSE PERSONNEL WITHIN THEIR
RESPECTIVE JURISDICATIONS THAT SHALL BE ADEQUATE IN NUMBER
TO SERVE THE NEEDS OF THE LOCAL GOVERNMENT UNIT IN TIMES OF
CALAMITY AND DISASTER. THE APPONTED PERSONNEL SHALL ALSO
SERVE IN THE IMPLEMENTATION OF THE LGU’S DISASTER RISK
REDUCTION AND MANAGEMENT PROGRAMS.

(d) The BDRRMC shall be a regular committee of the existing BDC and
shall be subject thereto. The punong barangay shall facilitate and ensure the
participation of at least two (2) CSO representatives from existing and active
community-based people's organizations representing the most vulnerable and
marginalized groups in the barangay.

Section 2. Section 21 of R.A. 10121 is hereby amended to read as follows:

Sec. 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 (LDRRMF). 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, pre-disaster preparedness programs including training,
purchasing life-saving rescue equipment, supplies and medicines, for post-
disaster activities, CONSTRUCTION OF INFRASTRUCTURE PROJECTS
CERTIFIED BY THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT COUNCIL AS NECESSARY IN MITIGATING AND REDUCING
THE EFFECTS OF DISASTERS, and for the payment of premiums on calamity
insurance. THE LDRRMF MAY ALSO BE USED TO PAY FOR WHATEVER
OBLIGATIONS THE LOCAL GOVERNMENT INCURRED IN THE
RECONSTRUTION, REPAIR, AND REHABILITATION OF MAJOR
INFRASTRUCTURE DAMAGED BY DISASTERS. 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 LDRRMF, thirty percent (30%) shall be
allocated as Quick Response Fund (QRF) or stand-by fund for 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 WITHIN THE GIVEN YEAR shall accrue to a special
trust fund solely for the purpose of supporting disaster risk reduction and
management activities of the LDRRMCs within the next [five (5)| THREE (3)
years. Any such amount still not fully utilized after [five (5)| THREE (3) years
shall revert back to the general fund and will be available for other social
services to be identified by the local sanggunian.

THE LDRRMF SHALL BE LIABLE FOR THE SALARIES, WAGES AND
BENEFITS OF ALL APPOINTED RESCUE AND RESPONSE PERSONNEL BY
THE LOCAL DISASTER RISK REDUCTION AND MANAGEMENT OFFICE
FALLING UNDER SECTION 12, PARAGRAPH (C), SUB-PARAGRAPH (26).

Section 3, Separability Clause. ~ If any provision of this Act is declared invalid
or unconstitutional, the provisions not affected thereby shall remain in full
force and effect.

Section 4. Repealing Clause. — All laws, presidential decrees, executive orders,
presidential proclamations, rules and regulations or parts thereof contrary to
or inconsistent with this Act are hereby repealed or modified accordingly.

Section 5. Effectivity.- This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) national papers of general
circulation.

Approved,