Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2001

House Bill No,

Introduced by Rep. Alfred Vargas

EXPLANATORY NOTE

The Philippines is the most exposed country in the world to tropical storms according to
Time Magazine in 2013, Storms frequently make landfall on the islands of Eastern Visayas,
Bicol Region and Northern Luzon, while the southern island and region of Mindanao is
largely free of typhoons

In modern meteorological records, the deadliest storm was Typhoon Yolanda or
internationally called as “Haiyan" which became the strongest landfalling tropical cyclone
ever recorded as it crossed the Visayas in central Philippines on November 2013.

The National Disaster Risk Reduction and Management Council (NDRRMC) was created
through Republic Act No, 10121, otherwise known as the “Philippine Disaster Risk Reduction
and Management Act of 2010”. It was a response to Typhoon Ondoy which ruined 4.9 million
families and led to the declaration ofa state of calamity in 23 provinces and in Metro Manila

Despite the government's efforts and preparations, 6,300 people perished. Damage of
properties estimated at 100 billion pesos. Business, property and agriculture were in such
magnitude that economic activities were placed on standstill. A few days after typhoon
Yolanda ravaged the Visayas region, the national government was criticized and blamed by
international media for the slow response and lack of support to the victims in the affected
areas

This bill seeks to create a Department for Disaster Risk Reduction and Management Council,
Office of Civil Defense and other Offices related to it and shall be known as the “Disaster
Resiliency and Alertness Management (DReAM) Department.” This new Department will
drastically reduce, if not totally eliminate, the bureaucratic red tape which has caused many
delays in the delivery of immediate assistance needed by the victims, and importantly will
make our authorities to respond faster which is an important factor in a typhoon ravaged
community.


It becomes imperative therefore, that Congress should introduce measures in line with this
policy thrust. Immediate passage of this bill is urgently sought.

REP. ALFRED VARGAS
Fifth District, Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2001
House Bill No.

Introduced by Rep. Alfred Vargas

AN ACT
CREATING THE DEPARTMENT OF DISASTER PREPAREDNESS AND EMERGENCY
MANAGEMENT, DEFINING ITS
MANDATES, POWERS AND FUNCTIONS, AND.
APPROPRIATING FUNDS THEREFORE

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

Section 1. Title, - This Act shall be known as the “Disaster Resiliency and Alertness
Management (DReAM) Department Act of 2019",

Section 2, Declaration of Policy. - It shall be the policy of the State to uphold the
People's constitutional rights to life and property by addressing the root causes of
vulnerabilities to disasters; strengthening the country's institutional capacity for disaster
preparedness and emergency management; and, building the resilience of local communities

to disasters, natural or man-made, including climate change impacts.

Section 3. Definition of Terms. - For purposes of this Act, the following shall refer
to:

(a) “Adaptation” - the adjustment in natural or human systems in response to actual or
expected climatic stimuli or their effects, which moderates harm or exploits beneficial

opportunities


(b) “Alertness” - the state of active attention by high sensory awareness such as being
watchful and prompt to meet danger or emergency, or being quick to perceive and act. It is

related to ps!

chology as well as to physiology

(c) "Capacity" - a combination of all strengths and resources available within a community,
society or organization that can reduce the level of dangers, or effects of a disaster. Capacity
may include infrastructure and physical means, institutions, societal coping abilities, as well
as human knowledge, skills and collective attributes such as social relationships, leadership

and management. Capacity may also be described as capability.

(a) "

generate profits nor to seek governing power. CSOs unite people to advance shared goals

ivil Society Organizations" Or "CSOs" - non-state actors whose aims are neither to

and interests, They have a presence in public life, expressing the interests and values of their
members or others, and are based on ethical, cultural, scientific, religious or philanthropic
considerations. CSOs include nongovernment organizations (NGOs), professional

associations, foundation:

, independent research institutes, community-based organizations
(CBOs), faith-based organizations, people's organizations, social movements, and labor

unions,

(e) "Climate Change” -

change in climate that can be identified by changes in the mean
and/or variability of its properties and that persists for an extended period typically decades

or longer, whether due to natural variability or as a result of human activity,

() "Community-Based Disaster Preparedness and Emergency Management" or
“CBDPEM" - a process of disaster preparedness and emergency management in which at
risk communities are actively engaged in the identification, analysis, treatment, monitoring
and evaluation of disaster hazards in order to reduce their vulnerabilities and enhance their
capacities, and where the people are at the heart of decision-making and implementation of
disaster preparedness and emergency

management activities.


(g) "Complex Emergency’ -a form of human-induced emergency in which the cause of the
emergency as well as the assistance to the afflicted is complicated by intense level of political

considerations.

(h) "Contingency Planning" - a management process that analyses specific potential events
or emerging situations that might threaten society or the environment and establishes
arrangements in advance to enable timely, effective and appropriate responses to such

events and situations.

(i) "Disaster" -a serious disruption of the functioning ofa 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. Disasters

are often de:

bed as a result of the combination of: the exposure toa hazard; the conditions
of vulnerability that are present; and insufficient capacity or measures to reduce or cope
with the potential negative consequences, Disaster impacts may include loss of life, injury,
disease and other negative effects on human, physical, mental and social well-being, together

with damage to property, destruction of assets, loss of services, social and economic

disruption and environmental degradation.

(j) "Disaster Mitigation” - the lessening or limitation of the adverse impacts of hazards and
related disasters, Mitigation measures encompass engineering techniques and hazard-

resistant construction as well as improved environmental policies and public awareness.

(i) "Disaster Preparedness” - the knowledge and capacities developed by governments,
professional response and recovery organizations, communities and individuals to
effectively anticipate, respond to, and recover from, the Impacts of likely, imminent or
current hazard events or conditions. Preparedness action is carried out within the context of
disaster risk reduction and management and aims to build the capacities needed to
efficiently manage all types of emergencies and achieve orderly transitions from response to
sustained recovery. Preparedness is based on a sound analysis of disaster hazard and good

linkages with early warning systems, and includes si

uch activities as contingency planning,


stockpiling of equipment and supplies, the development of arrangements for coordination,
evacuation and public information, and associated training and field exercises. These must

be supported by formal institutional, legal and budgetary capacities.

()) "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 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.

(m) "Disaster Response” - the provision of emergency services and public assistance
during or immediately after a disaster in order to save lives, reduce health impacts, ensure
public safety and meet the basic subsistence needs of the people affected, Disaster response
is predominantly focused on immediate and short-term needs and is sometimes called

“disaster relief".

(n) "Disaster Risk" - the potential disaster losses in lives, health status, livelihood, assets

and servic

, which could occur to a particular community or a Society over some specified

future time period

(0) "Disaster Risk Reduction and Management" - the systematic process of using
administrative directives, organizations, and operational skills and capacities to implement
strategies, policies and improved coping capacities in order to lessen the adverse impacts of
hazards and the possibility of disaster. Prospective disaster preparedness and emergency
management refers to risk reduction and management activities that address and seek to
avoid the development of new or increased disaster risks, especially if risk reduction policies

are not put in place

(p) "Disaster Preparedness and Emergency Management Information System" - a

specialized database which contains, among others, information on disasters and their



human material, economic and environmental impact, risk assessment and mapping and

vulnerable groups.

(q) "Early Warning System" - the set of capacities needed to generate and disseminate
timely and meaningful warning information to enable individuals, communities and
organizations threatened by a hazard to prepare and to act appropriately and in sufficient

Hime to reduce the possibility of harm or loss. A people-cantered early warning system

necessarily comprises four (4) key elements: knowledge of the ris

monitoring, analysis
and forecasting of the hazards; communication or dissemination of alerts and warnings; and
local capabilities to respond to the warnings received. The expression "end-to-end warning
system" is also used to emphasize that warning systems need to span all steps from hazard

detection to community response

(1) “Emergency” - unforeseen or sudden occurrence, especially danger, demanding

immediate action,

(s) “Emergency Management” - the organization and management of resources and
Fesponsibilities for addressing all aspects of emergencies, in particular preparedness,

response and initial recovery steps.

(0 "Exposure" - the degree to which the elements at risk are likely to experience hazard

events of different magnitudes.

(u) "Geographic Information System" - a database which contains, among others, geo-
hazard assessments, information on climate change, and climate risk reduction and

management.

(v) "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 economic disruption, or environmental damage.


(w) “Land-Use Planning” - the process undertaken by public authorities to identify,
evaluate and decide on different options for the use of land, including consideration of long-
term economic, social and environmental objectives and the implications for different
communities and interest

groups, and the subsequent formulation and promulgation of plans that describe the

permitted or acceptable uses.

(x) "Mitigation" - structural and non-structural measures undertaken to limit the adverse
impact of natural hazards, environmental degradation, and technological hazards and to
ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the
impact of disasters. Such measures include, but are not limited to, hazard-resistant
construction and engineering works, the formulation and implementation of plans,
programs, projects and activities, awareness raising, knowledge management, policies on
land-use and resource management, as well as the enforcement of comprehensive land-use

planning, building and safety standards, and legislation.

(y) “Philippine Disaster Preparedness and Emergency Management Framework" or
“PDPEME" - provides for comprehensive, all hazards, multi-sectoral, inter-agency and

community-based approach to disaster risk reduction and management.

(2) "Philippine Disaster Preparedness and Emergency Management Plan" or
"PDPEMP" - the document to be formulated and implemented by the Philippine Disaster
Preparedness and Emergency Management Authority that sets out goals and specific
objectives for reducing disaster risks together with related actions to accomplish these
objectives. The PDPEMP shall provide for the identification of hazards, vulnerabilities and
risks to 'be managed at the national level; disaster risk reduction and management
approaches and strategies to be applied m managing said hazards and risks; agency roles,
responsibilities and lines of authority at all government levels; and vertical and horizontal
coordination of disaster risk reduction and management in the pre-disaster and post-

disaster phases,


(aa) "Post-Disaster Recovery" - the restoration and improvement where appropriate, of
facilities, livelihood and living conditions. of disaster-affected communities, including efforts

to reduce disaster risk factors, in accordance with the principles of “build back better”.

(bb) ”

context of disaster risk reduction and management and are based on sound risk analysis as

reparedness” - pre-disaster actions and measures being undertaken within the

well as pre-disaster activities to avert or minimize loss of life and property such as, but not
limited to, community organizing, training, planning, equipping, stockpiling, hazard
mapping, insuring of assets, and public information and education initiatives. This also
includes the development/enhancement of an overall preparedness strategy, policy,
institutional structure, warning and forecasting capabilities, and plans that define measures
geared to help at-risk communities safeguard their lives and assets by being alert to hazards

and taking appropriate action in the face of an imminent threat or an actual disaster.

(cc) "Private Sector” - the key actor in the realm of the economy where the central social
concern and process are the mutually beneficial production and distribution of goods and
services to meet the physical needs of human beings. The private sector comprises private

corporations, households and nonprofit institutions serving households.
(dd) "Public Sector Employees" - all persons in the civil service.

(ce) "Rehabilitation" - measures that ensure the ability of affected communities/areas to
restore their normal level of functioning by rebuilding livelihood and damaged

infrastructures and increasing the communities’ organizational capacity.

(ff) "Resilience" - the ability of a system, community or society exposed to hazards to resist,
absorb, accommodate and recover from the effects of a hazard in a timely and efficient

manner, including through the preservation and restoration of its essential basic structures

and functions,


(gg) "Response" - any concerted effort by two (2) or more agencies, public or private, to

provide assistance or intervention during or immediately after a disaster to meet the life

preservation and basic subsistence needs of tho:

people affected and in the restoration of
essential public activities and fai

ties.

(hh) "Risk" - the combination of the probability of an event and its negative consequences.

(ii) "Risk Assessment" - a methodology to determine the nature and extent of risk by
analyzing potential hazards and evaluating existing conditions of vulnerability that together
could potentially harm exposed people, property, services, livelihood and the environment
on which they depend. Risk assessments with associated risk mapping include: a review of

the technical characteristics of hazards

such as their location, intensity, frequency and
probability; the analysis of exposure and vulnerability including the physical, social, health,
economic and environmental

dimensions; and the evaluation of the effectiveness of prevailing and alternative coping

capacities in respect to likely risk scenarios.

(jj) “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.

(kk) "Sustainable Development" - development that meets the needs of the present
without compromising the ability of future generations to meet their own needs. It contains
within it two (2) key concepts: (1) the concept of "needs", in particular, the essential needs
of the world’s poor, to which overriding priority should be given; and (2) the idea of
limitations imposed by the state of technology and social organizations on the environment's
ability to meet present and future needs. It is the harmonious integration of a sound and
viable economy, responsible governance, social cohesion and harmony, and ecological
integrity to ensure that human development now and through future generations is a life-

enhancing process.


(i) "Vulnerability"

the characteristics and circumstances of a community, system or asset
that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from
various physical, social, economic, and environmental factors such as poor design and
construction of buildings, inadequate protection of assets, lack of public information and
awareness, limited official recognition of risks and preparedness measures, and disregard

for wise environmental management.

(mm) "Vulnerable and Marginalized Groups" - those that face higher exposure to disaster
risk and poverty including, but not limited to, women, children, elderly, differently-abled

people, and ethnic minorities.

Section 4, Creation of the Department of Disaster Preparedness and Emergency
Management - There is hereby created another Executive Department to be known as the
Department of Disaster Preparedness and Emergency Management Authority, hereinafter

referred to as the “Department” which shall institutionalize the policies, structures,

coordination mechanisms and programs with continuing budget appropriation on disaster
preparedness and emergency management from national down to local levels towards
building a disaster-resilient nation and communities. The Department shall be an
independent agency of the national government and shall maintain its principal office here
in Metro Manila and have Regional offices nationwide for the proper conduct of its

operations.

Section 5. Powers and Functions of the Authority - The Department shall have the

following powers and functions:

(a) Advise the government and all other stakeholders on matters relating to disaster
preparedness and emergency management consistent with the policies and scope as defined
in this Act;


(b) Formulate and implement the PDPEMP and ensure that the physical framework, social,
economic and environmental plans of communities, cities, municipalities and provinces are

cor

stent with such plan.

(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;

(d) Develop and ensure the implementation of national standards in carrying out disaster
preparedness programs including mitigation, prevention, response and rehabilitation
works, from data collection and analysis, planning, implementation, monitoring and

evaluation;

(e) Review and evaluate the Local Disaster Preparedness and Emergency Management Plans
(LDPEMP) to facilitate the integration of disaster preparedness measures into the local

Comprehensive Development Plan (CDP) and Comprehensive Land-Use Plan (CLUP);

(1) Ensure that the LGU s, through the Local Disaster Preparedness and Emergency
Management Offices (LDPEMOs) are properly informed and adhere to the national standards

and programs;

(g) Formulate standard operating procedures for the deployment of rapid assessment teams,
information sharing among different government agencies, and coordination before and
after dis

ters at all levels;

(h) Establish standard operating procedures on the communication system among
provincial, city, municipal, and baranggay disaster preparedness and emergency
management councils, for purposes of warning and alerting them and for gathering

information on disaster areas before, during and after disasters;

(i) Establish Disaster Preparedness and Emergency Management Training Institutes in such
suitable location as may be deemed appropriate to train public and private individuals, both

local and national, in such subject as disaster preparedness and emergency management


among others. The Institute shall consolidate and prepare training materials and
publications of disaster preparedness and emergency management books and manuals to
assist disaster preparedness and emergency management workers in the planning and
implementation of this program and projects. The Institute shall conduct research programs
to upgrade know ledge and skills and document best practices on disaster preparedness and
emergency management. The Institute is also mandated to conduct periodic awareness and

education programs to accommodate new elective officials and members of the LDPEMO;

(j) Ensure that all disaster preparedness and emergency management programs, projects
and activities requiring regional and international support shall be in accordance with duly

established national policies and aligned with international agreements;

(k) Ensure that all government agencies and LGUs give top priority and take adequate and

appropriate measures in disaster preparedness and emergency management;

(1) Create an enabling environment for substantial and sustainable participation of CSOs,
private groups, volunteers and communities, and recognize their contributions in the

government's disaster preparedness efforts;

(m) Conduct early recovery and post-disaster needs assessment institutionalizing gender
analysis as part of it:

(n) Establish an operating facility to be known as the Philippine Disaster Preparedness and
Emergency Management Operations Centre in all regions (PDPEMOC) that shalll be operated
and staffed on a twenty-four (24) hour basis;

(0) Prepare the criteria and procedure for the enlistment of accredited community disaster
volunteers (ACDVs). It shall include a manual of operations for the volunteers which shall be

developed by the Authority in consultation with various stakeholders;


(p) Provide advice and technical assistance and assist in mobilizing necessary resources to

increase the overall capacity of LGUs, s|

pecifically the low income and in high-risk areas;
(q) Create the necessary offices to perform its mandate as provided under this Act; and

(#) Perform such other functions as may be necessary for effective operations and

implementation of this Act.

Section 6. The Secretary and its Qualifications - The Secretary shall manage the day-to-
day conduct of operations of the Department. He/She shall be assisted by Undersecretaries.
No person shall be appointed Secretaries and Undersecretaries unless they have experience
and or knowledge in the duties to be perform as head of the Department, known for their
dedication and service, citizens and residents of the Republic of the Philippines, of good

moral character and with proven competence in public administration and management.

Section 7. Appointment of Officials / Employees of the Department - The Secretary shall
have the power to appoint all officers and employees of the Department whose appointment
shall be based on merit and fitness and shall be governed by the Civil Service Laws and other

related laws.

Section 8. Absorption of the National Disaster Risk Reduction Management Council,
Office of Civil Defense and other Offices related to it - The existing agency such as the
National Disaster Risk Reduction Management Council (NDRRMC), Office of Civil Defense
other Offices related to it shall be absorbed by the new Department on Disaster and
Resilience, The powers, functions, all applicable funds and appropriations, records, assets,
and properties of the said agencies are hereby absorbed by the Department. The Department
shall, by virtue of this Act, succeed to all rights and assume all contracts and liabilities of the
said agencies and offices which shall be acted upon in accordance with the Auditing Code
and other pertinent laws, rules and regulations. Employees from the NDRRMC and Office of
Civil Defense shall retain in their position and will continue to render their services in the

said office


Section 9, Organizational Structure of the Department - The Secretary is hereby
authorized to formulate and adopt an organizational structure for the Department, including
the creation of Regional offices nationwide and integrating the LGU-based local disaster
council in times of disaster, for the efficient and effective discharge of its powers and
functions. The staffing pattern of the Department shall be prescribed by the Secretary, in
accordance with rules and regulations prescribed by Civil Service Commission and the
Department of Budget and Management, within sixty (60) days after the approval of this Act.
Authorized positions created therein shall be filled by regular appointments by the President
or the Secretary as the case maybe, provided, however, that such individuals comply with
the qualifications standards set by the Civil Service Commission for the position that they

shall be appointed to.

Section 10. Inter-Agency Committees - Upon request of the Department, all government
agencies involved in the approval and implementation of projects of the Department or its
duly authorized or endorsed entities, whether government or private, shall expeditiously act
upon and resolve the matter subject to the approval of the President. The Secretary may,
whenever necessary, initiate the activation of an ad-hoc interagency committee for an
efficient and effective orchestration of efforts of concerned entities in the implementation of

programs, projects and activities of the Department,

Section 11, Appropriations - To carry out the provisions of this Act, the appropriations for
the current fiscal year as well as the existing funds, assets, and resources of the transferred
offices to be identified in Section 8 hereof shall be transferred to the Department. Thereafter,
such amounts as maybe necessary to carry out the provisions of this Act shall be included in

the Annual General Appropriations Act.

Section 12. Coordination During Emergencies, - The Department, in coordination with
the local government units, shall take the lead in preparing for, responding to, and recovering
from the effects of any disaster. The Department 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

Department and concerned LGUs.

Section 13. Declaration of State of Calamity. - The Department shall recommend to the
President of the Philippines the declaration of a cluster of barangays, municipalities, cities,
provinces, and regions under a state of calamity, and the lifting thereof, based on a
predetermined criteria set. The President's declaration may warrant international
humanitarian assistance as deemed necessary. The declaration and lifting of the state of
calamity may also be issued by the local sanggunian, upon the recommendation of the

Department, bi

sed on the results of the damage assessment and needs analysis.

Section 14, Remedial Measures. - The declaration of a state of calamity shall make
mandatory the immediate undertaking of the following remedial measures by the
Department as defined in this Act:

(a) Imposition of price ceiling on basic necessities and prime commodities by the President
upon the recommendation of the implementing agency as provided for under Republic Act
No, 7581, otherwise known as the "Price Act’, or the National Price Coordinating Council;
(b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum
products;

(c) Programming/reprogramming of funds for the repair and safety upgrading of public
infrastructures and facilities; and

(d) Granting of no-interest loans by government financing or lending institutions to the most

affected section of the population through their cooperatives or people's organizations.

Section 15. Mechanism for International Humanitarian Assistance - (a) The

importation and donation of food, clothing, medicine and equipment for relief and recovery

and other disaster management and recovery-related suppli

s is hereby authorized in

accordance with Section 105 of the Tariff and Customs Code of the Philippines, as amended,
and the prevailing provisions of the General Appropriations Act covering national internal

revenue taxes and import duties of national and local government agencies; and


(b) Importations and donations under this section shall be considered as importation by

and/or donation to the Authority.

Section 16. Prohibited Acts. - Any person, group oF corporation who commits any of the
following prohibited acts shall be held liable and be subjected to the penalties as prescribed
in Section 18 of this Act:

(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities
and misuse of funds;

(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including
appropriate technology, tools, equipment, accessories, disaster teams /experts;

(c) Buying, for consumption or resale, from disaster relief agencies any relief goods,
equipment or other and commodities which are intended for distribution to disaster affected
communities;

(«) Buying, for consumption or resale, from the recipient disaster affected persons any relief
goods, equipment or other aid commodities received by them;

(€) Selling of relief goods, equipment or other aid commodities which are intended for
distribution to disaster victims;

(f) Forcibly seizing relief goods, equipment or other aid commodities intended for or
consigned to a specific group of victims or relief agency;

(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons
other than the rightful recipient or consignee;

(h) Accepting, possessing, using or disposing relief goods, equipment or other aid
commodities not intended for nor consigned to him/her;

(i) Misrepresenting the source of relief goods, equipment or other aid commodities by:

(1) Either covering, replacing or defacing the labels of the containers to make it
appear that the goods, equipment or other aid commodities came from another agency or
persons;

(2) Repacking the goods, equipment or other aid commodities into containers with
different markings to make it appear that the goods came from another agency or persons

or was released upon the instance of a particular agency or persons;


(3) Making false verbal claim that the goods, equipment or other and commodity its
untampered original containers actually came from another agency or persons or was
released upon the instance of a particular agency or persons;

() Sub

tuting or replacing relief goods, equipment or other aid commodities with the same
items or inferior/cheaper quality;

(Ig) legal solicitations by persons or organizations representing others as defined in the
standards and guidelines set by the PDPEMA;

(1) Deliberate use of false at inflated data in support of the request for funding, relief goods,
equipment or other aid commodities for emergency assistance or livelihood projects; and
(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment

and paraphernalia.

Section 17. Penalty Clause. - Any individual, corporation, partnership, association, or other
juridical entity that commits any of the prohibited acts provided for in Section 17 of this Act
shall be prosecuted and upon conviction shall suffer a fine of not less than One Hundred
thousand pesos (Php 100,000.00) or any amount not to exceed Five hundred thousand pesos
(Php500,000.00) and imprisonment of not less than six (6) years and one (1) day but not
more than twelve (12) years 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 objects and the instrumentalities used in
committing any of herein prohibited acts, If the offender is a corporation, partnership 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 entities’ license or accreditation issued
to them by any licensing or accredited body of the government. If such offender is an alien,
he or she shall, in addition to the penalties prescribed in this Act, be deported without further
proceedings after service of the sentence. However, the prosecution for offenses set forth in
Section 18 of this Act shall be without prejudice to any liability for violation of Republic Act

No, 3185, as amended, otherwise knownas the Revised Penal Code, and other civil liabilities.


Section 18. 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 implementation of the PDPEMP.

Section 19. Implementing Rules and Regulations. - The Department through its Secretary,
shall issue the necessary rules and regulations for the effective implementation of this Act
within ninety (90) days after approval of this Act. In consultation with key stakeholders, it
shall take the lead in the preparation of the implementing rules and regulations with the

active involvement of the technical management group of the Department.

Section 20. 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 rata representation but

shall have at least two (2) representatives from each Chamber.

Section 21. Sunset Review. - Within five (5) years after the effectivity of this Act, or as the
need arises, the Congressional Oversight Committee shall conduct a sunset review. For
purposes of this Act, the term "sunset review" shall mean a systematic evaluation by the
Congressional Oversight Committee of the accomplishments and impact of this Act, as well
as the performance and organizational structure of its implementing agencies, for purposes

of determining remedial legislation.

Section 22. Repealing Clause. - Republic Act 10121 and all other laws, decrees, executive
orders, proclamations and other executive issuance's which are inconsistent with or

contrary to the provisions of this Act are hereby amended or repealed accordingly.


Section 23. Separability Clause. - If any provision of this Act shall be held unconstitutional

or invalid, the other provisions not otherwise affected shall remain in full force and effect.
Section 24. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved.