. __ ._
SIXTEENTI;I CONGRESS OI: THE ) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. B. No. _ 
..... 1 ..... 940 
AN ACT CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD), 
APPROPRIATING FUNDS THEREFOR, AND FOR OTBER PURPOSES 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
'11 •• jar whatJOelJer a man Joweth) that Jha!! he afro reap. " 
- Galatians 6: 7 (KJ V) 
Yesterelay was the best time to prepare oW' nation against caLtmities and disasters. 
Today is the best of time for change, to plant the seeds of prevention and preparedness. 
Disaster preparedness and mitigation flnd basis in this biblical principle. When we 
sow love and respect for GOD's creations we reap/harvest a balance and harmonious 
ecology and prevent disasters and calamities, OJ: at the ve1Y least mitigate the effects of 
natural disasters and prevent man maele disasters. The more that we prepare, the more we 
are able to cope with disasters. The readiness and resilience of oW' nation against d,sasters 
and calamities lie sigmflcantjy in Out own actions. In general, thi~ concerns protectl11g the 
enVU:0111nent. In particular, this deals with: enacting proper regulation, ensuring preparations 
for disasters are in place, raising awareness on disaster risk reduction, and conducting 
trainings to\vards disaster resilience. 
In the'2012 \'(Iorld Risk Report, the PhilipPl11es ranked third out of 173 countries in 
terms of disaster risk. Manila, the country's capital has also been ranked by the Climate 
Change Vulnerability Index (CCVI) as the most vulnerable of the world's 20 "high growth 
cities" to the effects of climate change. Further, according to Berlin-based environmental 
organization Getiuanwatch, the Philippines ranked 2nd among countries lnost affected by 
climate-related weather catastrophes in 2012. The Philippines came in second only to Haiti' 
in terms of "relative and absolute number of human victims, and relative and absolute 
eCOnOln1C darnagef! caused by natural disasters. 
In today's world, disasters are a fact of life. Some disasters and/or emergencies mal' 
be totally prevented, while others may not be averted, their effects may be mitigated. W,th 
the disasters that we may not be able to stop dlsaster, we can empower ourselves with 
knowledge, training/educatIOn, equipment/tools, and the right mfrastrLlcture to cope, so to 
save lives, prevent injuries, prevent dalnage and loss of p1:operty and prevent disruptions in a 
cOlTl1TIunity. A window of opportunity exists to sow seeds of preparedness in order to reap 
resilience to disasters. 


The Philippines is considered one of the nations "most at risk" of being struck by 
disasters and recurring hazards, such as typhoons, floods, earthquakes, and landslides, due to 
its geographical location. The country sits along the Pacific Ring of Fire, rendering it 
susceptible to various natural catastrophes. The problem is compounded by gaps in the 
implementation of laws and regulations. These include, but are not limited to, non-
compliance with laws such as the National Building Code and Fire Code of the Philippines, 
the lack of evacuation procedures, the prevalence of illegal logging, the building of structures 
on rivers and waterways which impede the flow of watcr, and the non-segrcgation of garbage 
in violation of law. 
This year, the country's experience With recent disasters, both natural and human-
made, including the armed conflict in Mindanao, Typhoon Santi in Central Luzon, the 
magnitude 7.2 earthquake in Central Vlsayas, and the more recent-catastrophe caused by 
Super Typhoon Yolanda (Haiyan), how it was handled by our authorities and tabng 111to 
consideration Filipino culture, prove that existing legislations, such as the Philippine 
National Disaster Risk Reduction and Management Act of 2010 and the Climate Change Act 
of 2009, needs updating and some strengthening. 
-
According to the Asian Disaster Preparedness Center, there are different models on 
disaster management. The traditional approach to disaster management has been to regard it 
as a number of phased sequences of action or a continuum. This can be represented as a 
cycle. However, more lTIoclern models view it as a continuous ptocess, or a sequence of 
cause and effect, or a system of addressing the underlying causes of disasters towards safer 
conditions. In many countries around the world, there are specialized agencics at the 
department level which deal with disasters. There are a few which have a task force model 
that the President/Prime Minister controls. 
The present law on disasters, Republic Act No. 10121, otherwise known as the 
"Philippine Disaster Risk Reduction and' Management Act of 2010", revolutionized and 
pioneered disaster risk reduction and management in the COLlntry. Signed into law on May 
27, 2010, it ordained a National Disaster Risk Reduction and Management Council with 
policy-making, coordination, integration, supervision, monitoring and evaluation functions. 
When the Act was signed into law some three years ago, it was hailed as a landmark 
legislation which adopts the pIllars of disaster risk reduction andl)1anagemcnt in the country. 
Today, the Act continues to be relevant in preventing/mitigating, preparing for, and 
responding to disaster, yet recent experience shows as that our disaster risk reduction 
management model needs to adapt to our culture and existing circumstances. 
Differences between the national government and local governments as regards 
structures should be reconciled, where appropriate, and areas for improvement addressed. 
For instance, in the present law, there must be a mechanism that responds to the eventuality 
of a total or considerable breakdown of authority resulting from a humanitarian emergency 
or disaster. This requires response that goes beyond the mandate or capacity of the local 
government unit concerned. Otherwise, there would be a paralysis in the disaster response 
system and people affected by the disaster w,ould not be able to receive critical life-saving 
interventions and relief. 
This ptoposedlegislation seeks to create an accountable, capable and reliable partner 
department, namely, the Emergency Response Department (ERD), and to upgrade the 
capacity of government to respond to disasters - simplify / streamline, create clear focus, and 
hold stakeholders in disaster risk reduction and management efforts accountable. 
Philippine experience shows that there is a 'need to establish' a clear chaIn of 
command in times of major disasters, a focused and specialized single government agency 
that functions not only after the occurrence of disasters, but works all-year-round to ensure 
that effective mechanisms for disaster risk reduction are in place even before a disaster 
occurs. The effects of climate change and the prevalence of more devastating disasters 


" 
(stronger storms and devastating flooding) now s'eem to constitute the "new normal". Such 
, 
specialized department shall stubbornly focus bear laser-like preciseness In focus, give 
primacy to pre-disaster resilience-building, and prioritize life preservation and basic 
subsistence needs in the communities affected by a disaster. The dignity and value of the 
human life must be its guidepost and the deterrence of loss of lives its ultimate mission. It 
shan prevent human misery because disasters often cause the loss of life, human suffering, 
loss of income, and property loss and damage. Disasters also disrupt the normal functioning 
of governments and communities, adversely affecting individuals and families. 
The department must be simple in character, independent yet connected and 
coordinated, empowered, capacitated, national in scope, and civilian in character in order to 
carry out its mandate effectively. It must not be a mere coordinating body which operates on 
an ad hot' basis. It has long been established that, under the principle of admimstrative 
convenience, the efficiency of tbe dehvery of frontline services is enhanced through the 
creation of a full pledged department which is dedicated to an area of service within its 
primary competence. 
The proposed legislation establishes the ERD, whIch shall be in charge of the po11cy-
making, coordination, integration, supeivision, monitoring and evaluation functions of the 
present ad hot' inter-agency council. The. proposed department is equipped with bureaus 
specifically tasked to deal with concerns related to the pillars of disaster risk reduction and 
management, namely, disaster prevention and mitigation; disaster preparedness; and 
humanitarian and disaster response. The. funttions of the bureaus are specified to ensure 
performance of their critical mandates and roles before, during and after a humanitarian 
emergency or disaster. 
The department is given supervisory functions over the Philippine Atmospheric, 
Geophysical and Astronomical Services Administration and the Phllipp111e Institute of 
Volcanology and Seismology to ensure that its goal of saving lives and property, dllting the 
onslaught of a disaster, is better fulftlled. 
In order to ensure accountability and the responsible usc of public funds, the 
proposed legislation designates the Department as the manager of the Humanitarian 
Emergency Assistance and Disaster (I-lEAD) Fund, and all donations, monetary or 
otheiwise, and establishes mechaqisms of audit, reporting, and public 111formation with 
regard to the funds and donations received. Moreover, the legislation penalizes, in clear and 
unequivocal terms, the corruption of funds andlor donations devoted to disaster risk 
reduction and management efforts. The penalty for such corruption of funds andlor 
donations is heavier than those penalties prescribed under the Phihpp111e Disaster RIsk 
Reduction and Management Act of 2010. This would express a strong policy of the State 
against corruption and its intolerance of greed, during times of utmost need, in times of 
disasters. 
Furthermore, the Department is given visitorial powers to ensure that funding and 
donations to all entities are used actually, directly, and exclusively I sqlely for disaster risk 
reduction efforts. To further strengthen its mandate of ensuring the protection and 
preservarion of life and properties before, during and after the occurrence of disasters, the 
Department is also equipped with emergency and contingency powers, such as 
commandeering private property for public purpose and calling out the Armed Forces of the 
Philippines and the Philippine National Police in order to repress lawlessness and maintain 
peace and order in a disaster-stricken area. The Department is a)so erppowered to declare a 
state of calamity in a locality, iri consultation with the local government umt concerned, 
according to established guidelines and protocols developed by the Department. 
The ultimate goal of this proposed legislation is to uphold the value of human life 
and the dignity of every person by efficiently and effectively addressing humanitarian 
emergencies, including disasters, through the establishment of such specialized agency on 


disaster risk reduction and management. The end in view consists of preventing or deterring 
the loss of lives and the social, economic, cultural, and environmental assets of the country, 
before, during and after a disaster or other humanitarian emergency. 
In view of the foregoing, approval of this bill is most urgently and earnestly 
recommended. 
~22_ 
ALAN PETER "COMPANERO" S. CAYETANO 
Senator 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
Senate 
S.B.No. 1940 
Introduced by Senator Alan Peter "Companero" S. Cayetano 
AN ACT CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD), 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and Hottse ofRepmentatzves of the Philippines in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Emergency Response 
Department (ERD) Act of 2013." 
SEC. 2. Declaration of Policy. - It is hereby declared tbe policy of the Stale: 
(a) To uphold the sacredness and dignity of human life by efficiently and effectively 
addressing humanitarian emergencies, including calamities and disasters, through the 
establishment of a focused, streamlined, independent, empowered, capacitated, full-time, 
specialized agency on disaster ri~k reduction and management as well as emergency 
response, which is national in scope and civilian in character. The people are the most 
important assets of the nation, and all disaster risk reduction and management efforts shall 
be responsive to tbe humanitarian needs of the people, the dignity and value of the human 
person, and respect for property; 
(b) To promote a simplified, strategic, systematic, continuous, comprehensive, 
inclusive, and integrated approach to disaster risk reduction and management, witb the end 
in view of substantially reducing vulnerabilities and the risk of disasters and other 
humanitarian emergencies, towards tbe preservation of life and property, thereby ultimately 
preventing or deterring the loss of lives and the social, econOln1C, cultural, and 
environmental assets of the country; 
(c) To establish a permanent, institutionalized, cohesive and comprehensive 
framework for disaster preparedness, prevention and mitigation, and response, to be 
implemented by a full-time and focused speclahzed agency with its own mandate, powers, 
and funding, in coordination and with the participation of the Pl)rlipp\ne government, other 
foreign governlnents and financial institutions, international organizations, the private sector, 
and civil society. 
In disaster risk reduction and managelnent, dlsaster prevention and mitigation shall, 
first of all, arm the outright avoidance of the adverse impacts of hazards and related 
disasters. However, with the knowledge and capacities to effectively anticipate, respond to, 
and recover from, the impacts of likely, imminent or current hazard events or conditions, 
preparedness action shall be carried out in the most effective and efficient manner. In a 
disaster scenario, the response shall ensure the provision of emergency services and public 
assistance, before,during or immediately after, a disaster; 
(d) To create an integrated, systematic, comprehensive, and cohesive plan to Simplify, 


streamline, integrate, and coordinate the variousprogra1ns, projects, and activities of the 
Government and such other actors/stakeholders in disaste~ risk redu'ction and management-
to ensure accountability, responsibility, and transparency, as well as to achieve efficiency and 
effectiveness of in the performance of their functions_ 
SEC. 3. Definition of Terms. For purposes of this Act, the following shall refer to; 
(a) Contingency Planning - a management process that analyzes specific potential 
events or emerging situations that might threaten society or the environment and establishes 
arrangements in advance to enable timely, effecllve and appropriate responses to such events 
and situations; 
(b) Disaster - a serious disruption of the functioning of a community or a society 
involving widespread human, material, economic or environmental losses and impacts, 
which exceeds the ability of the affected community or society to cope using its own 
resources; 
(c) Emergency - any occasion or instance for which, in the determination of the 
President, national assistance is needed to supplement local government efforts and 
capabilities to save lives and to protect property and public health and safety, or to lessen or 
avert the threat of a catastrophe in any part of the country; 
(d) Emergency Managem~nt - the organization and management of resources and 
responsibilities for addressing all aspects of emergencies, in particular preparedness, 
response and initial recovery steps; 
, 
(e) Geographic Information System - a database which contains, among others, geo-
hazard assessments, information on climate change, and climate risk reduction and 
managelnent; 
(f) Government - includes the National Government, and any of its subdivisions, 
agencies or inst11lmentalitics, including government-owned and controlled corporations and 
their subsidiaries, and Local Government Units; 
(g) Hazard - a dangerous phenomenon, substance, human activity or condition that 
may cause loss of life, injury or other health impacts, property damage, loss of livelihood and 
services, social and eCOnOln1C disruption, or environmental damage; 
(h) Humanitarian - one devoted to the promotion of human welfare and the 
advancement of social reform; 
(i) Response - any and all projects, programs, plans, and activities pertaining to action 
or inaction to prevent/mitigate, prepare for, and generally perform any and all activities in 
relation to, disasters and other humanitarian emergencies. This includes, but is not limited to, 
the provision of emergency services and public assistance during or immediately after a 
disaster. Disaster response that is predominantly focused on immed1ate and short-term 
needs and is sometimes called "disaster relie£t; and 
OJ State of Calamity - a condition involving mass casualty and/or major damages to 
property, disruption of means of livelihoods, roads and normal way of life of people in the 
affected areas as a result of the occurrence of natural or human-induced hazard. 


Chapter 1 
THE DEPARTMENT PROPER 
SEC. 4. Emergency Response Department. - To carry out the above-declared 
policy, there is hereby created the Emergency Response Department, hereinafter referred to 
as the Department, which shall prepare, integrate, coordinate, implement, supervise, control, 
monitor, and evaluate all plans, programs, projects, and activities of the Govermnent on 
humanitarian emergency assIstance and dIsaster risk reduction and management. 
SEC. 5. Powers and Functions. - In addition to the powers and functions 
provided by this Act, the Department shall 'also assume the policy-making, coordination, 
integration, supervision, monitonng and evaluation functions currently lodged with the 
existing National Disaster Risk Reduction and Management Council (NDlU\MC), and shall 
take over all of the latter's responsibilities enumerated in Section 6 of Republic Act No. 
10121. It shall aiso assume the powers and functions of the Office of the Civil Defense 
(OCD) as enumerated in Section 9 of Republic Act No. 10121. 
To this end, all references to the powers and functions of the NDRMMC and the 
oeD in Republic Act No. 10121 shall be understood to refer to the Dcpartment created 
under this Act. 
The Department shall also have administrative supe1'Vislon and control over the 
existing Regional Disaster Risk Reduction and Management Offices (RDRRMOs), and the 
Local Disaster Risk Reduction and Management Offices (LDRRMOs), organized in all 
provinces, cities/municipalities and barangays in the country, which are hereby thereafter 
called Regional Emergency Response Offices (REROs) and Local Emergency Response 
Offices (LEROs), respectively. 
SEC. 6. Composition. - The Department Proper shan he composed of the Office 
of the Secretary and the Offices of the Undersecretaries and Assistant Secretaries, and the 
bureaus and se1'Vices of the Department as well as Regional and Local Officcs. 
The ProvincIal, City, Mumcipal and. Barangay Emergency Response OffIces and 
Rescue Teams shall be under the control and supervision of their respective local 
government units. The ERD shall exercise supe1'Visory powers over such offices. 
SEC. 7. Office of the Secretary. - The Office of the Secretary shan consist of the 
Secretary and his/her immediate staff. 
SEC. 8. The Secretary. - The Secretary shall be appointed by the President, subject 
to conftrmation by the Commission on Appointments. 
. 
The Secretary shall have the following powers and functions: 
(a) Advise the President in issUIng executive orders, regulations, proclamations and 
other issuances, the promulgation of which is expressly vested by law in the President 
relative to matters under the jurisdiction of the Department; 
(b) Establish the policies and standards for the effective, efficient, and economical 
operation of the Department pursuant to a national disaster risk reduction and management 
framework which shall provide for a comprehensive, all-hazards, multi-sectoral, mter-agency 
and community-based approach to humanitarian emergency assistance and disaster risk 
reduction and management, m line with Section 6(a) of the Philippine Disaster Risk 
Reduction and Management Act of 2010; 
(c) Promulgate rules and regulations necessary to carry out department objectives, 


policies, functions, plans, programs,. and projects; 
(d) Promulgate administrative issuances necessary for the efficient administration of 
the offices under his/her jurisdic60n and for the proper execution of the laws relative 
thereto; 
(e) Exercise direct supervision and control over all functions and activlties of the 
Department, as well as all its officers and personnel; 
(f) Create regional offices and such other service units and divisions, as may be 
necessary; and 
(g) Petform such other functions as may be necessary and/or proper to attain the 
objectives of this Act. 
SEC. 9. The Undersecretaries. - The Secretary shall be shall be assisted by three 
(3) Undersecretaries in the performance of the Department's fun.ction~ and duties related to 
the pillars of disaster risk reduction and management, namely, (a) disaster preparedness, (b) 
disaster response, and (c) disaster prevention and mitigation. Another undersecretary shall be 
in charge of adtninistrative and finance services. 
The Undersecretaries shall be appointed by the President upon the recommendation 
of the Secretary. They shall have the powers and functions, as provided for in Section 10, 
Chapter 2, Book IV of the Administrative Code of 1987, relative to the scope of their 
responsibilities as provided above. 
The Office of the Undersecretaries shall consist of the Undersecretaries and their 
respective immediate staff. 
SEC. 10. Assistant Secretaries. - The Secretary shall also be assisted by three (3) 
Assistant Secretaries, one (1) for training, one (1) for operations, and one (1) for legal affairs. 
The Assistant Secretaries shall be appointed by the President upon tbe recommendation of 
the Secretary. 
SEC. 11. Qualificatious. - Nq person shall beappointed Se~retary, UndersecretalY, 
or Assistant Secretary of the Department, unless he/she is a citizen and resident of the 
Philippines, of good moral character, and of proven experience or competence/ exper6se in 
humanitarian emergency assistance and disaster management over the course of his/her 
career. The Secretary, Undersecretary, or Assistant Secretary shall not hold any other 
position, public or private, during his/her tenure. 
SEC. 12. Bureaus and Service. - Subject to the power of the Secretary, with the 
approval of the President, to reorganize, restructure, and redefine the functions of the 
bureaus and services for the effective discharge of the powers and functions of the 
Department under this Act, the Department shall have the following bureaus and service: 
(a) Bureau of Hazard Education and Risk Mitigation; 
(b) Bureau of Disaster Preparedness; 
(c) Bureau of Humanitarian Emergency Relief Operations; and' 
(d) Bureau of Administration and Finance. 
SEC. 13. Powers and Functions of the Bureaus and Service. - The bureaus and 
service shall have the following powers and functions: 


(a) The Bureau of Hazard Educatlbn and Risk Mitigation shall assist the Secretary in 
the formulation of policies, programs, and plans related to disaster preventlOn and 
mitigation, as defined in Sections 20<) and 2(i), respectively, of the Philippine Disaster Risk 
Reduction and Management Act of 201 0, In particular, it shall take the lead in' 
(1) Making an inventory and checklist of all personnel, equipment, and 
supplies critical during disasters in all local government units, in accordance with 
protocols and contingency plans, and endeavouring that the same be provided to the 
local government unit within a period of twelve (12) months upon the passage into 
law of thi's Act; 
(2) Conducting a review of the National Building Code and Fire Code of the 
Philippines, together with the relevant government department, and submitting the 
results thereof to the Senate and House of Representatives of the Philippines, with a 
view of developing legislation which seeks to strengthen infrastructure m line with 
disaster prevention and mitigation; 
(3) Developing, upd,ating, and maintaining a national geographic information 
system which shall be the basis of national, regional, and local disaster protocols and 
contingcncy plans, which shall be under the control and custody of the Departmcnt, 
The same shall also be maintained at all local government nnits, as possible; 
(4) Mainstreaming and integrating disaster risk reduction and management 
(DRRM) and climate change adaptation (CCA) in all national, sectoral, regional and 
local development policies, plans and budgets, relating to environmental protection, 
including, but not limited to, those for land use and natural resource management, 
enforcement and updating of all national legislation relating to modification of 
infrastructure towards resiliency; 
(5) Developing and implementing commu111ty~based and scientific DRR~ 
CCA hazard assessment, mapping, analysis, and monitoring; 
(6) Establishing disaster risk financ111g, insurance, and other risk transfer 
ll1echanisrns at the cotnm:lflity level; 
(7) Establish111g, developing and improving the end~to~end monitoring and 
forecasting of hazards, including early warning systems and practices; and 
(8) Such other functions relevant to its mandate of disaster prevention and 
mitigation. 
(b) The Bureau of Disaster Preparedness shall assist the Secretary in the formulation 
of policies, programs, and plans related to disaster preparedness, as defined in Section 20) of 
the Philippine Disaster Risk Reduction and Management Act of 2010. In particular, it shall 
take the lead m: 
(1) Developing DRRM and CCA information, education, communication 
and advocacy plans; 
(2) Developing standard DRRM ttaming modules and the conduct of 
trainings, simulation exercises, and other capacity~buildmg activities for communities 
and specific groups, ,including, b).lt not limitec;l to, quick respond teams, frontlme 
government and private responders, and humanitarian aid workers; 
(3) Developiug and monitoring the unplementation of locality~based DRRM 
contingency plans, and establishing/monitoring the operations of national and local 
Emergency Response Operation Centers; 


(4) Developing and implementmg comprehensive, scenario~based national 
and local preparedness policies, plans and systems, in primary coordination witb the 
local government unit/ s concerned, in the wake of an imll~incnt hutnanitarian 
emergency and/or disaster. Such policies, plans, and systems include, but are not 
limited to, preventive evacuation;. the procurement of facilities, equipment, tools, 
systems and other mechanisms to cope wllh the effects thereof; the deployment of 
essential personnel and tnanpower 1n critical areas of concern; and the formulation 
of such other courses of actlon to avert the loss of lives, livelihood and/ or property; 
(5) Strengthening the partnership and coordination between and among all 
key players and stakeholde)"s in a humanitarian emergencY'and/or disaster; 
(6) Preparing the criteria and procedure fo~ the enlistment of accredited 
community disaster volunteers (ACDVs), and the drafting of a manual of operations 
for A CDV s, in consultation with relevant stakeholders; and 
(7) Such other functions relevant to its mandate of dIsaster preparedness. 
(c) The Bureau of HumanItarian Emergency Relief Operations shan assist the 
Secretary in the formulation and implementation of policies, programs, and plans related to 
disaster response, as defined in Section 20) of the Phihppine DIsaster Risk Reduction and 
Management Act of 2010. In particular, (t shall take the lead in the following activities, in 
primary coordination with the local government unit/ s concerned: 
(1) Establishing and implementing a comprehensive, 
well~coordinated, 
effective' and efficient Disaster Response Action Plan (DRAP) for every 
humanitarian emergency or disaster, with the primary goal of preventing or deterring 
the loss of lives, property and livelihood; 
(2) Developing and implementing an integrated and coordinated system of 
search, rescue and retrieval (SRR), and evacuations procedure; 
(3) Establishing a mechanism to ensure the prompt and accurate assessment 
of damage in disaster areas., includIng, but not limited to, the loss of lives, bodily 
injuries, damages to infrastructure and public faciliries, and the destruction of sOClal, 
economic, cultural, and el1vllODlnental assets; 
(4) Establishing a mechanism to ensure the prompt and accurate assessment 
of humanitarian needs in dIsaster areas, including, but not limited to, food, nutrition, 
health, clothing, shelter, livelihoods, water, sanitation, hygiene, protection, and the 
preservatlon of peace and order; 
(5) Idenrifying standard-based relief shelters and sites for internally displaced 
persons, as well as developing and implementing of a set of rrU11imum standards for 
such temporary shelters; 
(6) Supplementing the efforts of the local government unit concerned in 
providing basic social services, 
livelihood~oriented activities and pscychosocial 
interventions to the affected population, whether inside or outSIde temporary 
shelters; and 
(7) Such other functions relevant to its mandate of disaster response. 
In case there is total or considerable breakdown of authority resulting from the 
humanitarian emergency or disaster, which requires response that goes beyond the mandate 
or capacity of the local government unit/ s concerned, the Bureau shall, with prior 


authorization from the Department, directly formulate, implement, manage and coordinate 
all disaster response activities. In such case, the Department shall be possessed with the 
power to call upon other agencies and instrumentalities of government, and neighboring 
local government ,units, to augluent, suppletnent and/ or ln1.plemcnt disaster response efforts. 
Further, the authority of the Bureau shall be provided, described, and !united in the 
authorization. 
(d) The Bureau of Administration and Finance shall be composed of the Office of 
the Legal Counsel and the Financial and Management Office. The Office of the Legal 
Counsel shall be responsible for providing·legal selvices and advice on all policies, programs, 
and operational matters of the Department. It shall provide legal counseling services in cases 
where the Department is a party and shall also handle administrative cases against any 
personnel of the Department and submit recommendations pertaining thereto. 
The Financial and Management Office, which shall consist of the Human Resources 
Managcl11cnt Division, General Services Division, and the Finance Div1sion, shall be 
responsible for providing the Department with services relative to personnel information, 
records, supplies, equipment, collectIOn and d1sbursements, security, and custodial work. It 
shall also be responsible for providing the Department with staff advice and assistance on 
budgetary, financial, and luanagernent itTIprovcment matters. 
Chapter 2 
ATTACHED AGENCIES AND COORDINATION WITH 
OTHER GOVERNMENT DEPARTMENTS 
SEC. 14. Relationship with Other Government Departments. - In the discharge 
of their respective responsibilities, the Department's bureaus ·shall' coordinate with the 
relevant Government departments, agencies, offices and if\strumentalities, whose powers 
and functions ate relevant to the each bureau's respective focus area. 
SEC. 15. Coordination with Other Government Entities. - The Secretary is 
hereby empowered to constitute, call, convene, meet with, andlor deputize agencies of 
government, or an aggrupation or cluster thereof, to assist, adv1se or otherwise coordinate 
with the Secretary. The representatlVes 
from the 
civ11 
society I non-governmental 
organizations and the private sector may also be included, as necessary, as members of the 
coordination mechanism called for by the Secretary. 
SEC. 16. Attached Agencies. - Tire Philippine Atmospheric, Geophysical and 
Astronomical Services Administration (PA.G-ASA) and the Philippine Institute of 
Volcanology and Seismology (PHIVOLCS) arc hereby placed under the supervision of the 
Department; PmIJzded, however, that they shall continue to perform their respective functions 
as provided by law. 
Chapter 3 
THE HUMANITARIAN EMERGENCY ASSISTANCE 
AND DISASTER FUND, DONATIONS, AND ACCOUNTABILITY 
SEC. 17. Humanitarian Emergency Assistance and Disaster Fund (Calamity 
Fund). - At least one percent (1%) of the estimated revenue from regular sources of 
government, or Twenty Billion Pesos ~)hP 20,000,000,000.00), whichever is higher, shall be 
set aside as an annual lump sum appropriation for unforeseen expenditures arising from the 
occurrence of calamities: Provided, however, That such appropriation shall be used only in the 
area, or a portion thereof, of the country declared· as in a state of calamity. 


The present National Disaster lbsk Reduction and Management Fund (NDRRNIF) 
and the Local Disaster Risk Reduction and Management Fund (LDRRMF) shall henceforth 
be known as the Humanitarian Emergency Assistance and Disaster Fund (I-lEAD Fund) and 
Local Humanitarian Emergency Assistance and Disaster Fund (Local HEAD Fund), 
respectively. 
The Department shall manage, mobilize, and with the approval of the President, 
release resources for disaster risk reduction and management, including the funds herein 
provided for. It shall also monitor and provide the necessary guidelines and procedures for 
the release, utilization, accounting, and auditing of the Local HEAD Fund. 
There shall also be created a regular fund for the personnel, resource reqUlrements, 
and othcr admmistrative costs related to the operations of the Department. 
SEC. 18. Donations. - All monetary contributions, and donations in kmd, including, 
but not limited to, equipment, food, c1ot,hing, medicme, and related supplies from 
international and local sources, shan be coordinated with the Department. This cenlTal 
coordination mechanism would ensure that the same are eqUltably and properly allocated 
and utilized actually, directly and solely I exclusively for disaster risk reduction and 
management efforts. 
The Department shan maintain and make publicly available a complete, accurate, 
timely, and separate tecotd of such donations, indicating the parti~ular areas where such 
were allocated, and the exact purposes for which the same were utilized. 
SEC. 19. Accountability, Responsibility, Transparency, and Access to 
Information. - The Department and all regIonal and local councds and offices under its 
supervision or control, shall make available to the public for scrutiny, copying, and 
reproductlOn, (i) any and all records of their financial transactlons, mclucling, but not limited 
to, donations received, funds allocated, and amounts disbursed; (ii) all information pertaining 
to their official acts, transactions or decisions; and (iu) relevant research data used as basis 
for policy development, regardless of the physical form or format in which such record, 
information, or data is contained. 
The Department and the LGUs concerned shall also upload such records, 
information or data on their web sites, \vhich shan be regularly updated every fifteen (15) 
days. In case of voluminous records, information or data, the Department and/or local 
government units concerned may, in itsl their discretion, upload only an executive summary 
thereof, with a note outlining the procedurel requirements to obtain full access to the 
cOlnplete record, information, or data. 
The record, information, or data uploaded in the web sites may be withdrawn after a 
period of three (3) years from the time of uploadl11g; Provided, That an abstract thereof shall 
remain uploaded in th~ website, with an indication of the dates of postmg and withdrawal, 
and a note outlining the procedure/ rcquircrnents to obtain full access to the withdrawn 
record, infotlnation, or data. 
Chapter 4 
TRANSITORY PROVISIONS 
SEC. 20. Abolition of the Office of Civil Defense; Transfer of Powers and 
Functions. - The Office of Civil Defense is hereby abolished, and its powers and functions 
are hereby transferred to the Department. The foregoing transfer of powers and functions 
shall include all applicable funds and appropriations, records, equipment, property, and 


personnel, as may be necessary. 
The Department shall, by virtue of this Act, be subrogated to all the rights and 
assume all the liabilities of the Office of Civil Defense, and all other agencies, or government 
units whose functions and powers have been transferred to the Department, and all their 
funds, records, property, assets, equipment, and such personnel as necessary, including 
unexpended appropriatlons and/or allocations. All contracts and liabilities of the said 
offices, agencies, and government units are hereby transferred to and assumed by the 
Departlnent and shall be acted upon in accordance with the Auditing Code and other 
pertinent laws, rules, and regulations; Provided, That the officers and employees of said 
offices, agencies, and government units shall continue in a holdover capacity until such time 
as the new officers and employees of the Department shall have been duly appol11tcd 
pursuant to the provisions of this Act. 
The same shall apply to agencies and government units whlch have not been 
abolished, but whose functions have been transferred to the Department. 
SEC. 21, Structure and Staffing Pattern, - The organizational framework and 
staffing pattern of the Department shall be prescribed and approved by the Secretary within 
sixty (60) days after the apptoval of this Act and the authorized positions created therein 
shall be filled by regular appointments by the President or the Secretary as the case may be; 
Provided, That, in the filling of positions created, preference shall be given to the personnel of 
the Office of Civil Defense. 
SEC. 22. Separation from Service. - Employees separated from the service as a 
result of this reorganization shall, within six (6) months from their separatlOn from the 
service, receive the retirement benefits to which they may be entitled under existing laws, 
rules, and regulations. 
SEC. 23. Appropriations. - The amount needed for the initial implementation of 
this act shall be taken from the current year's appropriations of the National Disaster Risk 
Reduction and Managemcnt Council, the Local Disaster Risk Reduction and Management 
Councils, and the Office of Civil Defense. Thereafter, the amount needed for the operation 
and maintenance of the Department and its J"ine Agencies shall be included in the annual 
General Appropriations Act. 
Chapter 5 
MISCELLANEOUS PROVISIONS 
SEC. 24. Visitorial Powers. - The Secretary of the Department and/or his/her 
authorized representative shall have visitorial and examining authority over governmental 
and non-governmental entities engaged in post-disaster relief in order to ensure that all 
donations, financial or othelwise, coursed through them, are actually used for disaster risk 
reduction and management efforts. 
During such examination, the entity concerned shall produce all the reports, records, 
books of accounts, and other papers that may be required. 
The refusal by any such entity to allow an examination of its books of accounts and 
pertinent records, or the concealment of any n~aterial information concerning its financial 
, 
status, shall constitute a legal ground for the cancellation of its registration, and the 
revocation of all tax-exemption privileges and other benefits granted to it by law, in the case 
of a non-governmental entlty, or the institution of any proper legal action against the erring 
official concerned, in caSe of a governmental entity., 


SEC. 25. Stand-by Arrahgements with the Private ·Sector. At any time, the 
Secretary of the Department shall have the power to negotiate, enter into, institutlOnalize, 
and coordinate arrangements with any private person, natural or juridical, for the purpose of 
ensuring the adequate, prompt, and ready availability of all goods and services, necessary for 
disaster response, for as long as the emergency circumstances require, to be deployed before, 
during, and after an emergency or disaster, subject to the payment of just compensation in 
appropriate cases. 
SEC. 26. Commandeering Private Property for Public Purpose. - The Secretary 
of the Department shall have the power to commandeer any private property for. urgent 
public purpose, subject to payment of just compensation in appropriate cases, when there is 
a clear and present danger that a disaster or ht;manitarian en1e1"gency would Cause immtnent 
loss of lives and/or the massive destruction of property, and time is of the essence. The 
commandeering powers shall last no longer than necessary or for as long as the 
circumstances require. 
The refusal by any such person or entity to be commandeered, shall constitute a legal 
ground for the cancellation of its registration, if any, and the revocation of all tax-exemption 
privileges and other benefits granted to it by law, in the case of a non-governlnental entity,-
or the institution of any proper legal action against the erring official concerned, in case of a 
governmental entity. In addition, the official of the establishment, 11lstitution, or 
functionality shall be subjected to a fine and/ or imprisonment as provided for in Sec. 28 of 
this Act. 
SEC. 27. Declaration of State of Calamity. -
Whenever warranted by 
circumstances, the Department shall recommend to tbe President of the Philippines the 
declaration of a state of national calamity and the lifting thereof. It shall also have the power 
to, motu ptvprio or upon the favorable recommendation of the LDRRMCs, declare a cluster 
of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the 
lifting thereof, based on the criteria set by the Department. Tbe President's declaration sball 
entail access to international humanitarian assistance, as deemed necessary. 
The declaration and lifting of the state of calamity shall be based on the results of the 
damage assessment and needs analysis. The capses, 'effects and inC1dcnts of the calamity and 
the need for the dechration shall be specified. 
SEC. 28. Emergency and Contingency Powers. - Whenever !t becomes 
necessary, the Department Secretary, subject to the chain of command and with the consent 
of the President, may call out the Armed Forces of the Philippines and/or the Philippine 
National Police to prevent or suppress lawless violence, and to· ensu.re the proleCtlOn and 
preservation of life and/or properties, in the whole range, of disaster risk reduction and 
luanagctucnt. 
Tn times of disasters, and whenever warranted by the CirCU1TIstances, the Department 
Secretary may call upon other instrumentahties or entities of the government and 
nongovernment and civic organizations for assistance in terms of the use of tbeir facilities 
and resources for the protection and preservation of life and properties in the whole range 
of disaster risk reduction and management. This authority includes the power to call on the 
reserve force as defined 111 Republic Act No. 7077 to assist in relief and rescue during 
disasters or calamities. 
SEC. 29. Prohibited Acts. - In addition to tbe prohibited acts penalized un de!' 
Section 20, in relation to Sect jon 19, of the Philippine Disaster Risk Reduction and 
Management Act of 201 0: 
(aJ Any person, group or corporation who directly or indirectly requests or reccives 
any part of the funds devoted to disaster risk reduction and management, as well as 


monetary contributions and donatio!,s 10 kind, where such person, group or corporation has 
no right to receive such proceeds from the fund, in whole or in part, monetary contribution 
or donation, shall be guilty of the crime of coriuption of calamity funds or donations, and 
shall be prosecuted and upon conviction shall suffer a fine of not less than One Hundred 
Fifty Thousand Pesos (Php 150,000.00) or any amount not to exceed One Million Five 
Hundred Thousand Pesos (phpl,500,000.00), or Imprisonment of not less than twelve (12) 
years and one (1) day, nor more than twenty (20) years, or both, at the discretion of the 
court, including perpetual disqualification from public office if the offender is a public 
officer, and confiscation or forfeiture in favor of the government of the ohjects and the 
instrumentalities used in committing the herein prohibited act; 
(b) Any person who, with intent to ·gain, but without violence against or intimidatIon 
of persons nor force upon things, shall take personal property devoted to any disaster risk 
reduction and management activity, without the consent of the Secretary, shall be guilty of 
the crune of qualified theft, and shall be prosecuted and upon conviction shall be punished 
by thc penalties next higher by three degrees than those respectively specified in Article 309 
of the Revised Penal Code; 
(c) Any public officer who, by reason of the duties of his office, is accountable for 
calamity funds or property devoted to disaster risk reduction and management efforts, shall 
appropriate the same or shall take or misappropriate or shall consent, through abandonment 
or negligence, shall permit any other person to take such public funds, or property, wholly 
or partially, or shall otherwise be guilty of the misappropriation or malversation of such 
funds or property, shall be punished by the penalties next higher by three degrees than those 
respectively specified in Article 217 of the Revised Penal Code; 
In all the above, if the offender is a corporation, partl1ership or association, or other 
juridical entity, the penalty shall be imposed upon the officer or officers of the corporation, 
partnership, association or entity responsible for the violation, without prejudice to the 
cancellation or revocation of these entitles license or accreditation issued to thClTI by any 
licensing or accredited body of the government. If such offender is an ahen, he or she shall, 
in addition to the penalties prescribed in this Act, be deported WIthout further proceedings 
after service of the sentence. 
The prosecution for the offenses shall be without prejudice to any liability for 
violation of Republic Act No. 3185, as amended, otherwise know~ as the Revised Pena( 
Code, and other civil liabilities. 
SEC. 30. Implementing Rules and Regulations. - The Department shall issue the 
necessary mles and regulations for the effective unplementation of this Act within ninety 
(90) days after approval of this Act. The Secretary, in consultation with relevant government 
agencies and othe,. key stakeholders, shall take the lead in the preparation of the 
implementing rules and regulations. 
SEC. 31. Annual Report. - The Department shall submit to the Office of the 
President, the Senate, and the House of Representatives, within the first quarter of the 
, 
succeeding year, an annual report relating to the progress of the uuplementation of all 
disaster risk reduction and management efforts, and a detailed inventory of availahle 
personnel, supplies and equipment. Such report shall be made available to the public for 
scmtiny, copying, and reproduction, and shall also be uploaded in the Depa,.tmcnt's website. 
SEC. 32. Congressional Oversight Committee. - There is hereby created a 
Congressional Oversight Committee to monitor and oversee the implementation of the 
provisions of this Act. The Committee shall be composed of six (6) members from the 
Senate and six (6) members from the House of Representatives with the Chairpersons of the 
Committees on National Defense and Security of both the Senate and the House of 
Representatives as joint Chairpersons of this Committee. The five (5) 'other members from 


each Chamber are to be designated by the Senate President and the Speaker of the House of 
Representatives, respectively. The minority shall be entitled to pro rala representation but 
shall have at least two (2) representatives from each Chamber. 
SEC. 33. Sunset Review. - Within five (5) years after the effectivity of this Act, or 
as the need arises, the Congressional Oversight Committee shall conduct a systematic 
evaluation of the accomplishments and impact of this Act, as well as the performance and 
organizational stluctnre of the Department, for pnrposes of determining remedial legislation. 
SEC. 34. Repealing Clause. - All references to the NDRMMC in eXisting laws, 
including, but not limited to, the Philippine National Disaster Risk Reduction and 
Management Act of 2010, shall be underst00d to refer to the Department created under this· 
Act. 
All other laws, decrees, execntive orders, proclamations, and other executive 
issnances which are inconsistent with or contrary to the provisions of this Act are hereby 
amended or repealed accordingly. 
SEC. 35. Separability Clause. - If any provlslOn of this law 
IS declared 
nnconstitutional, the remaining provisions thereof not affected thereby shall remain in fnll 
force and effect. 
SEC. 36. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) national newspapers of general circulation. 
Approved,