| HOUSE OF REPRESENTATIVES:

RECEIVED
Republic of the Philippines pate:_18 JUL 2016
HOUSE OF REPRESENTATIVES appar ASE

Quezon City ey

Seventeenth Congress
First Regular Session REGISTRATION UNIT

BILLS AND iNDEX SERVICE

HOUSE BILL No,__1643

Introduced by Representative JOEY SARTE SALCEDA

AN ACT FURTHER STRENGTHENING THE PHILIPPI R RISK REDUCTION
AND MANAGEMENT SYSTEM BY INSTITUTIONALIZING THE FRAMEWORK AND
PLAN AND ESTABLISHING THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT AUTHORITY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

EXPLANATORY NO’

‘Why We Need to Amend our Disaster Risk Reduction and Management Law?

R.A, 10121 was a landmark legislation for Philippine disaster risk reduction and management, It
initiated a shift from our decades-old DRRM policy on reactive emergency management and
preparedness, to one that is proactive by prioritizing disaster risk reduction, prevention and
mitigation over disaster response. Many years of intense advocacy work by stakeholders and two
unfortunate large scale disasters ~ Typhoons Ondoy and Pepeng ~ hitting Luzon particularly
hurting Metro Manila in 2009 finally compelled the passage of R.A. 10121 after 32 years from
P.D.1566 of 1978.

Among the institutional innovations of R.A. 10121 is the establishment of permanent disaster
management offices at all levels of local government in contrast to the disaster management
councils before but which for economic expediency was maintained at the barangay level. The
practice of permanent disaster management office was pioneered by the Province of Albay in 1994
which was hailed internationally as one of the best practices in achieving zero casualty during
disasters. Likewise, there was consensus that the membership of the inter-agency body, the
National Disaster Coordinating Council (NDCC), was radically expanded, transforming it into the
National Disaster Risk Reduction and Management Council (NDRRMC) as we know it today,
which is now mandated to supervise and lead not only in emergency management but also in the



implementation of disaster risk reduction through its “policy-making, coordination, integration,
supervision, monitoring and evaluation” functions.

One of the key policy contentions is whether to establish an independent, high-level institution or
to maintain the existing institutional set up was already adequate to address the country’s mounting
challenges in disaster risk reduction and management as risks of climate change and urbanization
‘were rising just as ambitions for social change were similarly heightening, R.A. 10121 decided
that the organizational structure, financial and human resources of the Office of Civil Defense
(OCD) were adequate to make it the lead agency in “administering a comprehensive national civil
defense and disaster risk reduction and management program.”

But the structural strength of R.A. 10121 was to be continuously stress-tested by several disasters
which culminated with Super Typhoon Yolanda ~ which took almost 10,000 lives and destroying
billions of pesos of livelihoods and economic assets in one fell swoop. This exposed the
weaknesses of the institutional set up under R.A. 10121 where extreme difficulties were
encountered in carrying out the heavy responsibility of concretely integrating the disaster risk
management framework in our national and local planning processes, and ensuring that
institutions tasked with safeguarding environmental protection, health and well- being,
sustainable livelihoods, social protection and the regulation of public and private infrastructure are
actually equipped with skills and knowledge necessary for effective risk assessments and
vulnerability reduction, so that the impacts of disasters are truly prevented or mitigated.

While R.A. 10121’s strength lies in its institutionalization of stakeholder participation
in policymaking for disaster risk reduction and management, through an expanded membership of
the Council, and while this, in itself, is a development by leaps and bounds, R.A. 10121’s
shortcoming is its failure to create an institution that is in a sufficiently high position to oversee
the implementation of streamlined disaster risk reduction and management policies nationwide,
an institution that has the necessary authority, mandate and resources to lead and coordinate
the efforts of different stakeholders towards a more resilient nation, The occurrence of Super
Typhoon Yolanda and other large-scale disasters revealed that problems encountered i
coordinating and implementing large-scale disaster risk reduction and management efforts are
rooted primarily in the nature of our governance framework for disaster risk reduction and
management,

Renowned American jurist Oliver Wendell Holmes once said that the life of the law has not been
logic, but experience. Our policies should be responsive to lessons learned through experience,
and this could not be truer than in the realm of disaster risk reduction and management. In 2015,
the Global Climate Risk Index ranked the Philippines fifth among the most affected countries
within a 20-year period (1994 to 2013), with the most number of climate-related extreme
weather events during that period. In 2015, the World Risk Index raised the ranking of the
Philippines as the second most at-risk country out of 171 countries in the world. Because of the
adverse impacts of climate change as well as the increasing number of human settlements, the risks
that we as a country face increase every day, and these risks can only be expected to become worse
in the face of the new normal. Our policies should be designed to face this new normal.



In line with the mechanism of the Sunset Review, which mandates the Congressional Oversight
Committee to conduct a systematic evaluation of the accomplishments and impact of R.A. 10121
as well as the performance and organizational structure of its implementing agencies, for purposes
of determining remedial legislation within five years from the law’s effectivity, member agencies
of the NDRRMC, civil society organizations and basic sectors have conducted consultations and
dialogues on their experiences in implementing R.A. 10121 through the past disasters, identified
the issues and gaps of the law, and looked at how the law can be further improved to address the
ever increasing challenges of disaster risk reduction and management in the Philippines.

‘The National Disaster Risk Reduction and Management Authority

This present bill is the product of action research, sharing of experiences, and dynamic discussions
among various stakeholders from national and local government agencies, organizations
and communities while benefitting from comparable international experiences, As a response to
the output of these consultations and research, itis the intention of this bill to establish a much-
needed independent National Disaster Risk Reduction and Management Authority (NDRRMA),
one that is clearly mandated to lead in the coordination, monitoring, oversight and implementation
of disaster risk reduction and management, equipped with the necessary competency and resources
to engage new actors, particularly in the field of risk transfer and insurance, and built with the
necessary structure to manage broader governance arrangements and oversee the implementation
of disaster risk reduction and management towards sustainable development goals.

‘This bill has the strategic clarity of designating and empowering the NDRRMA as the lead age
for the implementation of (1) risk reduction policies, programs and projects and (2) rehabilitation
and reconstruction.

‘The NDRRMA is attached to the Office of the President, to ensure that it has a sufficiently high
level of authority to orchestrate different actors, policies and programs for disaster risk reduction
and management. It has the authority not only to receive but also to administer, mobilize, report,
monitor and oversee the utilization of the National Disaster Risk Reduction and Management
Fund, recovery and rehabilitation funds, and donations for disaster risk reduction and management.
The NDRRMA will be separated from the Office of Civil Defense which will continue to perform
its original mandate under L.O.1, 19 (1971) and P.D. 1566 that are not directly or indirectly
repealed by this amendatory bill, particularly its duty to administer a comprehensive national civil
defense and civil assistance program, the training of community volunteers for civil defense
and assistance, and other mechanisms for community preparedness. The National Disaster Risk
Reduction and Management Council (NDRRMC) will now focus solely on policy-making and
function as a platform for coordination of policy concerns with the NDRRMA organizing and
managing the secretariat and the operations center to support the NDRRMC.

The proposed independence of the NDRRMA is a robust response to the lessons Ieared
throughout the country’s recent catastrophes while applying and employing the mechanisms
provided by R.A. 10121 - they invariably point to the need for a strong and independent regulator
and monitoring body that will ensure the effectiveness and accountability of duty-bearers in the
performance of disaster risk reduction and management. Most importantly, this bill seeks to ensure
the safety and welfare of both present and future generations of Filipinos, and establish a strong


NDRRMA and more inclusive disaster risk reduction and management policies so that the needs
of those who are most at-risk will be met.

2

In view of the foregoing, approval of this bill is earnestly sought. ee



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

1643

HOUSE BILL NO,

Introduced by Representative JOEY SARTE SALCEDA.

STRENGTHENING THE PHILIPPINE DISASTER RISK
REDUCTION AND MANAG ENT SYSTEM BY INSTITUTIONALIZING THE
FRAMEWORK AND PLAN AND ESTABLISHING THE NATIONAL DISASTER RISK
REDUCTION AND MANAGEMENT AUTHORITY, APPROPRIATING FUNDS

THE! ‘OR AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS:

SECTION 1. Short Title — This Act shall be known as the “National Disaster Risk
Reduction and Management Authority Act of 2016”

SECTION 2, Declaration of Policies and Principles — (a) DUTIES OF THE STATE. The
State as the duty-bearer has the responsibility to carry out our policies on disaster risk reduction
and management, and harmonize disaster risk reduction and management policies to climate
change, sustainable development, and environmental management to protect the welfare and
advance the future of right-holders principally the vulnerable sectors of society.

It shall be the duty of the State to:

i. Uphold the people's constitutional right to life and property by minimizing, if not
eradicating, the root causes of vulnerabilities to disasters, strengthening the
country's institutional capacity for disaster risk reduction and management, and
building the resilience of local communities to disasters including climate change
impacts, and human induced disasters;


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vi.

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viii.

ix,

Incorporate internationally accepted principles of disaster risk reduction and
management, including universal principles and standards for humanitarian
assistance, when developing and implementing national, regional and local
sustainable development and poverty reduction strategies, policies, plans and
budgets, as part of the country’s commitment to overcome human suffering due to
disasters;

Ensure a whole-of-society approach and bottom-up participation, representation,
and decision-making in disaster risk governance, risk assessment, risk reduction
and risk management, and adopt a comprehensive, integrated, and proactive
approach to lessening the socioeconomic and environmental impacts of disasters
and climate change;

Promote and advance the implementation of a comprehensive National Disaster
Risk Reduction and Management Plan (NDRRMP) that aims to strengthen the
capacity of the national government and the local government units (LGUs),
together with partner stakeholders, build the disaster resilience of communities, and
institutionalize arrangements and measures for reducing disaster risks, including.
projected climate risks, and enhance disaster preparedness and response
capabilities at all levels;

Uphold mainstreaming of disaster risk reduction and climate change in
development processes such as policy formulation, socio-economic development
planning, budgeting, and governance, particularly in the areas of environment,
agriculture, water, energy, health, education, poverty reduction, land-use and
urban planning, and public infrastructure and housing, among others;

Ensure that disaster risk reduction and climate change adaptation measures are
gender and culturally sensitive, recognizing indigenous knowledge systems and
practices, and respecting human rights;

Recognize and strengthen the capacities of LGUs and communities in mitigating
and preparing for, responding to, and recovering from the impact of disasters
through identification of local risk patterns, and decentralized powers,
responsibilities, and resources at the regional and local levels;

‘Adopt and implement a comprehensive, integrated, efficient and responsive
disaster risk reduction program that is incorporated in the development plan at
various levels of government adhering to transparency, accountability and other
principles of good governance within the context of poverty alleviation and
environmental protection;

Mainstream DRRM in government by ensuring risk-informed planning,
programming, implementation, monitoring, and evaluation, and the use of quality
management, accountability, and performance systems in measuring and
improving the effectiveness and efficiency of DRRM processes across all


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xii,

xiii,

xiv,

xy,

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xvii

xviii

government levels, including those offices which manage peace processes and
conflict-resolution approaches, so as to minimize loss of lives and damage to
properties and ensure that communities in conflict zones can immediately
resume their normal lives at the conclusion of episodes of intermittent conflicts,

Adopt a disaster risk reduction and management approach that is holistic,
comprehensive, integrated, and proactive in lessening the socioeconomic and
environmental impacts of disasters including climate change, and promote the
involvement and participation of all sectors and all stakeholders concerned, at all
levels, especially the local community.

Prioritize the development of disaster prevention and mitigation measures
involving all levels of government and social sectors;

Adopt risk sharing and risk transfer mechanisms to ensure appropriate, efficient,
and timely recovery of disaster-stricken communities, especially for the poorest
and most vulnerable;

Adhere to the principle of “Building Back Better” in recovery and rehabilitation
efforts by applying sustainable standards, programs, technologies, and techniques
which enhance resilience against future hazards;

Recognize and respond to the differentiated concerns and needs of vulnerable
groups such as women and girls, children and youth, older persons, persons with
disabilities, urban poor, and indigenous peoples with respect to disaster risk
reduction and management, at the same time, recognizing their inherent
capacities to contribute to resilience;

Create an enabling environment for substantial and sustainable participation of
CSOs, private groups, volunteers and communities, and recognize their
contributions to the disaster risk reduction and management efforts of government;

Ensure workers’ rights are respected during the disaster preparedness and
response phases, and actively engage workers and employers’ organizations to
share expertise and capacities in disaster risk reduction and climate change
adaptation programs;

Ensure transparency and accountability in disaster risk governance, by
facilitating access to financial records of public funds and disaster risk reduction
and management data, and ensure the transparency of humanitarian assistance from
all sources;

Adopt and manage a mechanism for the effective resolution of DRRM-related
grievances;


xix, Recognize families as the most basic unit of DRRM through developing the
capacity of local institutions and providing technical and financial support to the
most vulnerable communities;

xx. Ensure that the best possible assistance and services ate delivered to individuals
and families affected by disaster and emergency rehabilitation projects which
resumption of normal social and economic activities; and,

xxi, Uphold provision of protection and humanitarian assistance by the national and
local government to internally displaced persons within its jurisdiction as a result
of natural or human-induced disasters. The State shall ensure that the following
rights of internally displaced persons during and after a disaster shall be
protected: provision and access to basic necessities, protection against criminal
offenses and other unlawful acts, freedom of movement, recognition, issuance and
replacement of document, family unity and missing persons, health and
education, and property and possessions.

(b) ROLES AND RESPONSIBILITIES OF STAKEHOLDERS. The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are required for the
realization of a safer, adaptive, resilient and inclusive Filipino community, Citizens have the
shared duty to provide support to the State in the implementation of policies and programs,
particularly the National Disaster Risk Reduction and Management Framework and Plan at the
national, regional and local levels.

i. Civil society, volunteers, organized voluntary work organizations and community-
based organizations shall participate, in collaboration with public institutions, to,
inter alia, provide specific knowledge and pragmatic guidance in the context of the
development and implementation of normative frameworks, standards and plans
for disaster risk reduction; engage in the implementation of local, national, regional
and global plans and strategies; contribute to and support public awareness, a
culture of prevention and education on disaster risk; and advocate for resilient
communities and an inclusive and whole of society disaster risk reduction
‘and management which strengthen the synergies across groups, as appropriate;

a) Women and girls shall contribute to and participate in effectively
managing disaster risk and designing, resourcing and leading implementation
of gender sensitive disaster risk reduction and management policies, plans, and
programmes.

b) Children and youth as agents of change shall contribute to disaster risk
reduction, in accordance with legislation, national practice and
educational curricula; disaster risk reduction and management at all levels and
processes of disaster risk reduction and management, including data
gathering, planning, programming, budgeting, implementation, monitoring
and evaluation;


ii

iii.

©) Older persons, having years of knowledge, skills and wisdom, are
invaluable assets to reducing disaster risk, and shall therefore participate in the
design of policies, plans and mechanisms, including those for early warning;

d) Migrants shall contribute to the resilience of communities and societies using
their knowledge, skills and capacities in the design and implementation of
disaster risk reduction;

e) Indigenous peoples and Muslim Filipinos, through their experience and
traditional knowledge, shall contribute to the development and implementation
of policies, plans and mechanisms, including those for early waming;

£) The urban poor shall contribute to resilience building as well as in the
promotion of a more inclusive and transformative resettlement for informal
settler families in reducing their vulnerability (0 threats of disaster and
climate risks through state and non-state programs; Farmers and fisher folks
shall contribute to the promotion and protection of the environmental resource
management that will secure food and nutrition resilience through the
integration of disaster risk reduction into sustainable development policies and
planning; and

2) Emergency responders, volunteers, and organized volunteer organizations shall
contribute to resilience by aiding timely and efficient emergency response and
providing training on basic life support, first aid, and search and rescue, in
accordance with the standards provided by the Research and Training Institute

‘Academia, scientific and research entities and networks are encouraged to
focus their DRRM studies on disaster risk factors and scenarios , including
emerging disaster risks, in the medium and long term; partner with government and
increase research for regional, national and local application; support action by
local communities and authorities; and support the interface between policy and
science for decision-making;

Business, professional associations and private sector financial institutions,
including financial regulators and accounting bodies, as well as philanthropic
foundations shall integrate disaster risk management, including business
continuity, into business models and practices via disaster risk-informed
investments, especially in micro, small and medium-sized enterprises; engage in
awareness-raising and training for their employees and customers; engage in and
support research and innovation as well as technological development for disaster
risk management; share and disseminate knowledge, practices and non- sensitive
data; and actively participate, as appropriate and under the guidance of the public
sector, in the development of normative frameworks and technical standards
that incorporate disaster risk management;



iv,

Media shall take an active and inclusive role at local, regional and national levels
in contributing to the raising of public awareness and understanding, and
disseminate accurate and non-sensitive disaster risk, hazard and disaster
information, including on small-scale disasters, in a simple, transparent, casy-to-
understand and accessible manner, in close cooperation with national
authorities; adopt specific disaster risk reduction communication policies;
support, as appropriate, early warning systems and life-saving protective
measures, and stimulate a culture of prevention and strong community
involvement in sustained public education campaigns and public consultations at
all levels of society, in accordance with national practices;

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

a)

b)

°)

4d)

e)

8)

“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

“Assisting Actor” — any Assisting International Actor and any Assisting Domestic
Actor responding to a disaster in the country.

“Assisting Domestic Actor” ~ any not-for-profit entity established under domestic
Jaws, which is responding to a disaster in the country.

“Assisting International Actor” — any foreign state, organization, entity or
individual responding to a Disaster within or transiting through the country to
respond to a disaster in another country.

“Capacity” ~ the combination of all strengths, attributes and resources available
within a community, society or organization that can reduce the level of risk, ot
impacts 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

“Civil Society Organizations (CSOs)” ~ non-state actors whose aims are neither to
generate profits nor to seek governing power, but to unite people to advance shared
goals 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, foundations, independent
research institutes, community-based organizations (CBOs), faith- based
organizations, people's organizations, social movements, and labor unions.

“Climate Change” ~ A change in the state of the climate that can be identified by
changes in the mean and/or the variability of its properties, and that persists in an
extended period, typically decades or longer, whether due to natural intemal


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processes or external forces such as modulation of the solar cycles, volcanic
eruptions and persistent anthropogenic changes in the composition of the
atmosphere or in land use.

“Community-Based Disaster Risk Reduction and Management (CBDRRM)” — a
process of disaster risk reduction and management in which at risk communities
are actively engaged in the identification, analysis, treatment, monitoring and
evaluation of disaster risks 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 risk reduction and management activities

“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,

“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, effective and appropriate
responses to such events and situations.

“Disability” - an evolving concept that results from the interaction between
persons with impairments, as defined under RA 7277, and attitudinal and
environmental barriers that hinder their full and effective participation in society
on an equal basis with others.

“Disaster” ~ a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and
pacts, which exceeds the ability of the affected community to cope using its own
resources.

“Disaster Mitigation” ~ the lessening or limitation of the adverse impacts of
hazards, Mitigation measures encompass engineering techniques and hazard-
resistant construction as well as improved environmental, land use planning,
climate change and other sectoral policies and public awareness.

“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. It includes
preparedness for response such as contingency planning, stockpiling of
equipment and supplies, the development of arrangements for coordination,
evacuation and public information, and preparedness for recovery such as
procurement of land for resettlement sites

“Disaster Prevention” ~ the outright avoidance of adverse impacts of hazards. It
expresses the concept and intention to completely avoid potential adverse


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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.

“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".

“Disaster Risk” — The potential disaster losses in lives, health status, livelihoods,
assets and services that could occur to a particular community or society in the
future, and is determined by a combination of the vulnerability, capacity,
exposure of persons and assets, hazard characteristics and the environment.

“Disaster Risk Governance” the way in which the public authorities,
servants, media, private sector, and civil society coordinate at community,
national and regional levels in order to manage disaster and climate related risks.
‘This means ensuring that sufficient levels of capacity and resources are made
available to prevent, prepare for, manage and recover from disasters. It also entails
mechanisms, institutions and processes for citizens to articulate their interests,
exercise their legal rights and obligations, and mediate their differences.

“Disaster Risk 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.

“Disaster Risk Reduction” — the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters,
including through reduced exposure to hazards, lessened vulnerability of people
and property, wise management of land and the environment, and improved
preparedness for adverse events.

“Disaster Risk Reduction and 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 and marginalized groups.

“Barly Warning System’ ~ the set of capacities needed to generate and disseminate
timely and meaningful warming information to enable individuals, communities and
organizations threatened by a hazard to prepare and to act appropriately and in
sufficient time to reduce the possibility of harm or loss. A people-centered carly
warning system necessarily comprises four (4) key elements: knowledge of
the risks; monitoring, analysis and forecasting of the hazards; communication or


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y)

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, Early warning systems include systems developed at the level
of communities or based on indigenous knowledge.

“Ecosystem Management and Restoration” ~ an integrated process to conserve,
improve and restore the health of the ecosystem that sustains ecosystem
services for human well-being.

“Eligible Assisting Actor” ~ any assisting actor that has been determined to be
eligible to receive legal facilities as provided in this Act and its implementing rules
and regulations.

“Emergency” ~ unforeseen or sudden occurrence, especially danger, demanding
immediate action.

“Emergency Management” ~ the organization and management of resources and
responsibilities for addressing all aspects of emergencies, in particular
preparedness, response and initial recovery steps.

aa) “Exposure” ~ the degree to which the elements at risk are likely to experience

hazard events of different magnitudes.

bb) “Gender-based Violence” ~ violence that is directed against a woman because of

her gender, or that affects women disproportionately. It includes acts that inflict
physical, mental or sexual harm or suffering, threats of such acts, coercion and other
deprivations of liberty,

co) “Geographic Information System (GIS)” — a system used to capture, store,

manipulate, manage and display all types of spatial or geographical data,

dd) “Geographically Isolated and Disadvantaged Area (GIDA)"—areas with a

marginalized population which is physically and socio-economically separated
from the mainstream society and characterized by physical factors ~ isolated due to
distance, weather conditions and transportation difficulties (island, upland
lowland, landlocked, hard to reach and underserved communities); and/or socio-
economic factors ~ (high poverty incidence, presence of vulnerable sector,
communities in or recovering from situation of crisis or armed conflict)

ee) “Hazard” ~ a dangerous phenomenon, either natural or human-induced, 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



ff) “Human-Induced Hazard” ~ an event that is caused by humans and occur in or close
to human settlements or a particular environmental area. This can include
environmental degradation, technological or industrial conditions, pollution,
accidents (c.g, high density events, industrial and transport accidents) complex
emergencies, armed conflict, situations of generalized and/or organized violence,
and violation of human rights.

gg) “International Disaster Relief and Initial Recovery Period” ~ the period which
commences upon the issuance of a request for international disaster assistance or
upon acceptance of an offer, and shall continue until terminated pursuant to
guidelines set in the implementing rules and regulations

hh) “Internally Displaced Persons” ~ persons or groups of persons who have been
forced or obliged to flee of to leave their homes or places of habitual residence
within national borders, in particular as a result of or in order to avoid the effects
of armed conflict, situations of generalized and/or organized violence, violations of
human rights, implementation of development projects, or natural or human-
induced disasters.

ii) “Intemational Personnel” ~ the staff and volunteers of any assisting actor
providing disaster relief or initial recovery assistance being persons who are
neither citizens of nor domiciled in the Philippines prior to their recruitment by the
international assisting actor.

ji) “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.

kk) “Legal Facilities” ~ special entitlements and exemptions that are made available to
eligible assisting actors under this Act

Il) “National Disaster Risk Reduction and Management Framework” ~ provides for
comprehensive, all hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.

mm) “National Disaster Risk Reduction and Management Plan (NDRRMP)” ~ the
document to be formulated by the NDRRMC and implemented by the
‘Authority that sets out goals and specific objectives for reducing disaster risks
together with related actions to accomplish these objectives. The NDRRMP 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. It shall be in conformity with the national disaster
risk reduction and management framework

nn) “Natural Hazards” ~ naturally occurring physical phenomena caused either by
rapid or slow onset events which can be geological (earthquakes ground rupture,
liquefaction, landslides, tsunamis, sinkholes, and volcanic activity), hydrological
and meteorological (floods, severe winds, typhoons, storm surges), climatological
variability (extreme temperatures, El Nilo, La Nifia, forest fires), or biological
(disease, epidemics and insect/animal plagues),

00) “Persons with Disabilities” - include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with
others.

pp) “Pre-Disaster Risk Assessment” — a process to evaluate a hazard’s level of risk
given the degree of exposure and vulnerability in a specific area likely to be
affected by an imminent hazard. It presents the possible impacts on the
population and forms a basis to determine the appropriate level of response
actions from the national level government agencies down to the local
government units, It is hazard-specific, area focused and time-bound.

qq) “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”,

rr) “Private Sector” ~ comprises private corporations, households, non-profit
institutions serving households, and other economic enterprises outside of
government.

ss) “Public Sector Employees” ~ all persons in the civil service,

tt) “Recovery” ~ rehabilitation measures that ensure the ability of affected
communities or areas to restore their normal level of functioning by restoring
livelihoods and services, reconstruction of damaged infrastructures and
increasing the communities’ organizational capacity

‘uu) “Resilience” ~ the ability of a system, community or society exposed to hazards to
resist, absorb, adapt 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.

vv) “Response” - any effort to provide assistance or intervention during or
immediately after a disaster to meet the life preservation and basic subsistence


needs of affected people and in the restoration of essential public activities and
facilities

ww) “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.

xx) “Risk Transfer” - the process of formally or informally shifting the financial
consequences of particular risks from one party to another whereby a household,
community, enterprise or state authority will obtain resources from the other party
after a disaster occurs, in exchange for ongoing or compensatory social or
financial benefits provided to that other party.

yy) “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,

zz) “Sustainable Development” — development that meets the needs of the present
without compromising the ability of future generations to meet their own needs,

aaa) “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.

bbb) “Vulnerable and Marginalized Groups” —those who are at risk due to poverty and
other underlying risk factors including, but not limited to, women, children, elderly,
differently-abled people, and ethnic minorities

eee) “Whole-of-society Approach” ~ the meaningful participation of and synergy of
stakeholders that represent different interests in all aspects of disaster risk reduction
and management across all levels.

ddd) “Youth” ~ those persons aged fifteen (15) to thirty (30) years old, as
provided for under R.A, 8044, or the “Youth in Nation-Building Act”.

CHAPTER II
NATIONAL DISASTER RISK REDUCTION
AND MANAGEMENT AUTHORITY

SECTION 4. Creation of the National Disaster Risk Reduction and Management Authority
— For the purpose of carrying out and effecting the declared policies of this Act, there is hereby
created a National Disaster Risk Reduction and Management Authority, herein after referred


to as the Authority. Considering its important role in times of disasters, the Authority shall be
attached to the Office of the President,

It shall be the primary government agency accountable and responsible for overseeing,
coordinating and implementing a comprehensive disaster risk reduction and management program.
It shall provide leadership in the continuous development of strategic and systematic
approaches to disaster prevention, mitigation, preparedness, response, recovery and
rehabilitation, Moreover, itshall augment implementation of DRRM programs in collaboration
with relevant national government agencies, LGUs, civil society and people’s organizations,
and other stakeholders.

SECTION 5. Powers and Iunctions of the Authority - The Authority shall exercise and
perform the following functions:

a) Monitor the integration of disaster risk reduction and management policies into
national development plans to achieve sustainable development;

b) Oversee and direct the comprehensive implementation of disaster risk reduction
and management policies, plans and programs as embodied in the NDRRMP;

c) Review and evaluate the Local Disaster Risk Reduction and Management Plan
(LDRRMP) and other local plans to ensure their consistency with the National
Disaster Risk Reduction and Management Framework and Plan;

4d) Oversee, direct and undertake programs and projects to identify, assess, prioritize
and localize hazards and risks in the country in consultation with key national
government agencies and stakeholders especially local governments and local
communities;

©) Oversee a national early warning and emergency alert system which shall provide
accurate, timely and accessible advice, through diverse mass media and
telecommunications, to national and local emergency response organizations and
the general public,

f) Deploy rapid assessment teams, gather information, and, guided by the principle of
inter-operability, coordinate information-sharing and other disaster risk reduction
and management protocols among national and local government agencies before,
during and after a disaster.

2) Receive, administer, mobilize, report and monitor and oversee the utilization
of the National Disaster Risk Reduction and Management Fund, recovery and
rehabilitation funds, and donations for disaster risk reduction and management,
unless otherwise specified;

h) Procure goods and services during emergencies in accordance with existing
emergency procurement rules and regulations;


i) Issue special procurement rules for preparedness, response and recovery activities
including those prompted by a declaration of state of calamity and a state of
imminent disaster,

|) Establish and monitor local and national capacity for disaster_risk financing
and insurance and other risk transfer strategies in coordination with DOF and GSIS;

k) Assist in mobilizing necessary resources to increase the overall capacity of LGUs,
specifically those with low income and situated in high-risk areas;

1) Prepare, organize, lead, control and manage the post-disaster recovery and
rehabilitation programs in coordination with the affected local governments and
national government agencies, in so doing, implement the cluster approach to
expedite the reconstruction effort and orchestrate and serve as the clearing house
for the participation of international players in such process;

m) Establish a National Disaster Risk Reduction and Management Research and
‘Training Center that shall provide a ladderized training program on disaster risk
reduction and management for DRRM professionals and other stakeholders in the
public and private sector. The Research and Training Center shall accredit
disaster risk reduction and management trainers or instructors;

n) Establish the NDRRMC Secretariat and an operating facility to be known as the
National Disaster Risk Reduction and Management Secretariat and Operations
Center (NDRRMSOC) under the operational control of the Director-General and
functional supervision of the Operations Service that shall be operated and staffed
on a twenty-four (24) hour basis;

0) Establish a Disaster Risk Reduction and Management Information System to
facilitate reporting;

p) Develop the criteria and procedure for the enlistment of accredited community
disaster volunteers (ACDVs). It shall inchide a manual of operations for the
volunteers which shall be developed by the Authority in consultation with various
stakeholders;

@) Create the necessary offices to perform its mandate as provided under this Act; and

1) Perform such other functions as may be necessary for effective operations
and implementation of this Act.

SECTION 6. Office of the Director-General ~ (a) The Authority shall be headed by a
Director-General with the rank and emoluments of a Cabinet Secretary. The Director-General shall
be appointed by the President based on qualifications herein provided and shall hold office for a
period of six (6) years. His or her appointment may be extended for another non-extendible term


of six (6) years and shall only be removed for cause in accordance with the rules and regulations
prescribed by the Civil Service Commission.

(b) All appointees shall be universally acknowledged experts in the field of disaster risk
reduction and management and of proven honesty and integrity.

SECTION 7. Powers of the Director-General — The Director-General shall exercise the
following functions

a)

b)

d

Establish policies and standards for the effective, efficient, and economical
operation of the Authority in accordance with the programs of the Government;

Exercise direct supervision and control over all functions and activities of the
Authority, as well as all its officers and personnel;

Call upon other instrumentalities or entities of the government and non-
government and civie organizations for assistance in terms of the use of their
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 in Republic Act No. 7077 to assist
in relief and rescue during disasters or calamities;

Create regional and field offices and such other service units and divisions as may
be necessary; and

Perform such other functions as may be necessary or proper to attain the

objectives of this Act

CHAPTER III
HUMAN RESOURCE MANAGEMENT

SECTION 8. Organizational Structure - The Authority shall be composed of the
following key offices

a)

b)

Office of the Director-General as provided in Section 6.

‘Three (3) services, namely the Operations Service, the Administration and Finance
Service, and the Capacity Development Service. Each service shall be headed by a
Deputy Director-General with the rank of Undersecretary.

‘The Operations Service is responsible for coordinating, monitoring, implementing
and augmenting, as appropriate, programs for disaster risk prevention and
mitigation, preparedness, response, and recovery. The Administration and Finance
Service shall be in charge of managing the internal operations of the Authority. The
Capacity Development Service is responsible for building and developing the


capacity of the Authority’s personnel, DRRM practitioners, communities and other
public or private stakeholders for disaster risk reduction and management

©) Seven (7) divisions, namely the Administration Division and Finance Division
under the Administration Service, the Resiliency Division and Disaster
Management Division under the Operations Service, and the Training Institue
Division, Information Management Division, and External Relations Division
under the Capacity Development Service. Each Division shall be headed by an
Assistant Director-General with the rank of Assistant Secretary.

d) Regional and other field offices that the Authority may establish, operate and
maintain to perform its mandate

) Public Assistance and Complaints Office (PACO) ~

i. The Authority shall establish a PACO in every region. The PACO shall work
jointly with the DOJ and DOF, as appropriate, to render assistance to and
receive complaints from the public regarding alleged violations of this Act. It
shall assist the complainant in the gathering of relevant documentation and
other evidence to support said complaint. The PACO shall facilitate the
forwarding of the complaint to the appropriate venue within 15 days from
receipt thereof.

ii, The PACO is encouraged to use the best available technology to ensure that
complaints are endorsed to the proper venue and are addressed in a timely
manner.

f) Seconded personnel from relevant agencies and detailed service from the AFP, as
appropriate.

SECTION 9. Selection of Personnel ~The selection of personnel of the Authority shall be
based strictly on merit and fitness in accordance with the Civil Service Code and other pertinent
laws. In accordance with the existing occupational index, the formulation of the organizational
structure and staffing pattern shall be completed by within one (1) year after the effectivity of this
‘Act, and shall be fully implemented within a period of one (1) year thereafter

SECTION 10. Transfer of OCD Personnel to the Authority — Upon approval of this Act,
personnel from the Office of Civil Defense may opt to transfer to the Authority.
CHAPTER IV.
FINANCE AND ADMINISTRATION

SECTION 11. Fiscal Management ~The Authority shall manage all funds appropriated to
it by Congress and from other sources. This shall include all donations as contemplated under


the succeeding paragraph, subject to provisions of Article 9(D), Section 3 of the 1987
Constitution on the auditing powers of the Commission on Audit

The Authority shall have the power to collect fees derived from the Training Institute and
other related activities to fund its operations.

SECTION 12. Donation — (a) The Authority shall have the power to receive donations and
grants from any persons, government institutions, corporations, international organizations
and other similar entities, and the power to recommend the procurement of developmental
assistance for the purpose of disaster risk reduction and management

(b) It shall be mandatory for the Authority to certify the receipt of all DRRM donated
funds and ensure their judicious management including their proper and accurate audit
reporting to constituents.

(c) The importation and donation of food, clothing, medicine and equipment for relief and
recovery and other disaster management and recovery-related supplies 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;

All importations and donations under Section 12 (b) shall be considered as importation by
and/or donation to the Authority, subject to the approval of the Office of the President.

CHAPTER V

ROLE OF GOVERNMENT AGENCIES AND STAKEHOLDERS

SECTION 13. Role of Government Agencies — To ensure the effective implementation of
this Act, concerned agencies shall perform the following functions:

a) NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL

(1) Policy-Formulating Body — The NDRRMC shall continue to perform its
functions as a policy-formulating body as provided in Section 6 (a), (b), (c), (d)
(OG), (K), (), (m) and (n) of Republic Act 10121.

It shall advice the Authority on matters relating to disaster risk reduction and
‘management consistent with policies and scope as defined in this Act;

(2) Composition — The NDRRMC shall be headed by the President of the
Philippines as its Chairperson, with the Director-General of the Authority as the
Couneil Vice-Chairperson for Inter-agency Coordination, the Secretary of the
Department of National Defense (DND) as the Vice-Chairperson for Logistics
and Resource Mobilization, the Secretary of the Department of the Interior


and Local Government (DILG) as Vice Chairperson for Disaster Preparedness,
the Secretary of the Department of Social Welfare and Development
(DSWD) as Vice Chairperson for Disaster Response, the Secretary of the
Department of Science and Technology (DOST) as Vice Chairperson for
Disaster Prevention and Mitigation, and the Director-General of the
National Economic and Development Authority (NEDA) as Vice
Chairperson for Disaster Rehabilitation and Recovery. The President may
delegate the convening of the NDRRMC to the Council Vice Chairperson, The
Vice-Chairpersons shall lead policy-making for their respective thematic area
‘The members of the NDRRMC shall be the following:

i, Director-General of the Authority;

ii. Secretary of the Department of Health (DOH);

iii, Secretary of the Department of Environment and Natural Resources
(DENR);

iv. Secretary of the Department of Agriculture (DA);
v. Secretary of the Department of Education (DepEd);
vi, Secretary of the Department of Energy (DOE);
vii. Secretary of the Department of Finance (DOF);
Vili. Secretary of the Department of Trade and Industry (DTI);

ix, Secretary of the Department of Transportation and Communications
(DOTC);

x. Secretary of the Department of Budget and Management (DBM);
xi, Secretary of the Department of Public Works and Highways (DPWH);
xii, Secretary of the Department of Foreign Affairs (DFA);
xiii, Secretary of the Department of Justice (DOJ);
xiv. Secretary of the Department of Labor and Employment (DOLE);
xv. Secretary of the Department of Tourism (DOT);

xvi. The Executive Secretary;


xvii.

xviii

xix

Xx.

xxi,

xxii

xxiii

xxiv,

XV,

xxvi.

xxvii.

xxviii,

xxix,

XXX.

XXXi,

Xxxxii,

Xxxiii

xxxiy,

XXXV.

XXXVi,

Secretary of the Office of the Presidential Adviser on the Peace Process
(OPAPP);

Chairperson of the Commission on Higher Education (CHED);

Chief of Staff of the Armed Forces of the Philippines (AFP);
Commandant of the Philippine Coast Guard (PCG);

Chief of the Philippine National Police (PNP);

Secretary of the Presidential Communications Operations Office (PCOO);
Secretary-General of the Philippine Red Cross (PRC);

Chairperson of the Commission on Human Rights (CHR);

Executive Director of the Council for Welfare of Children
(CWC),

Basic Sector Vice-Chairperson of the National Anti-Poverty
Commission (NAPC);

Chairperson of the Philippine Commission on Women (PCW);

Chairperson of the Housing and Urban Development Coordinating
Council (HUDCC);

Executive Director, Climate Change Office, Climate Change
Commission;

Chairperson of the National Council for Disability Affairs (NCDA),
Chairperson of the National Commission on Indigenous Filipinos (NCIP);
Secretary of the National Commission on Muslim Filipinos (NCMF);
Chairperson of the National Youth Commission (NYC);

President of the Government Service Insurance System (GSIS);

President of the Social Security System (SSS);

President of the Philippine Health Insurance Corporation (PhilHealth);


xxxvii. President of the Union of Local Authorities of the Philippines
(ULAP),

xxxviii. President of the League of Provinces of the Philippines (LPP);
xxxix, President of the League of Cities of the Philippines (LCP);
xl. President of the League of Municipalities of the Philippines (LMP);
xli, President of the Liga ng mga Barangay (LMB);
xlii, Four (4) representatives from the CSOs; and
xiii, One (1) representative from the private sector,
(3) Technical Management Group ~ The NDRRMC shall constitute a technical
management group composed of representatives of the above mentioned
departments, offices, and organizations, that shall coordinate and meet with

the Authority as often as necessary to effectively manage and sustain national
efforts on disaster risk reduction and management; and

(4) Guidelines for the NDRRM Fund and LDRRMF ~The NDRRMC shall provide
the necessary guidelines and procedures on the National Disaster Risk
Reduction and Management Fund (NDRRM Fund) and the Local Disaster Risk
Reduction and Management Fund (LDRRMF) releases as well as utilization,
accounting and auditing thereof.

(5) Monitoring, Reporting and Validation -

i, Monitoring and Reporting, On ot before the last quarter of the preceding
year, member-agencies of the Council shall submit to the Authority
through the Council Secretariat their respective DRRM annual work and
financial plans (AWEPs) for the next year. The AWFPS shall be based on
the NDRRMP.

The member-agencies shall submit to the Secretariat quarterly progress
reports of their implementation of the AWFPs within thirty (30) days from
the end of each quarter.

‘The Authority is likewise responsible for monitoring the appropriate
implementation of remedial measures by member-agencies of the Council
during a state of calamity. It shall have the authority to require reports from
the appropriate member-agencies regarding implementation of such
measures.


b)

°)

ii, Validation. The Secretariat shall require the submission of reports from
LGUs to validate the progress reports of the Council member-agencies.
Submission shall be through the local field offices of the Authority.

Every two (2) years, the implementation of the NDRRMP and utilization
of the LDRRMF of cach province and independent city shall be
evaluated by the RDRRMC based on appropriate criteria, such as the
Gawad Kalasag Award criteria for provinces and cities,

THE REGIONAL DISASTER RISK REDUCTION AND MANAGEMENT
COUNCILS —

The Regional Disaster Risk Reduction and Management Councils (RDRRMCs)
shall coordinate, integrate, supervise, and evaluate the activities of the LDRRMCS.
Itshall be responsible for ensuring disaster risk sensitive and inclusive
regional development plans, and in case of emergencies shall convene the different
regional line agencies and concerned institutions and authorities.

The RDRRMCS shall establish the RDRRMC Secretariat and operating facility to
be known as the Regional Disaster Risk Reduction and Management Secretariat
and Operations Center (RDRRMSOC) whenever necessary. The RORRMSOC
shall be under the operational control of the Regional Director of the Authority and
functional supervision of the Operations Service of the regional office.

The Regional Directors of the Authority shall serve as chairpersons of the
RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the DSWD,
the DILG, the DOST, and the NEDA. In the case of the Autonomous Region in
Muslim Mindanao (ARMM), the Regional Governor shall be the RDRRMC
Chairperson. In the case of Metro Manila, the MORRMC shall be headed by the
Chairperson of the Metro Manila Development Authority.

The RDRRMCs shall be composed of the executives of regional offices and field
stations at the regional level of the government agencies.

THE LOCAL DISASTER RISK REDUCTION AND MANAGEMENT
COUNCILS —

(1) Composition - The LDRRMC at the provincial, city and municipal level
shall be composed of, but not limited to, the following:

i. ‘The Local Chief Executive, Chairperson;
ii, The Local Planning and Development Officer, member,

iii, The Head of the LDRRMO, member;


iv.

vi

vii

viii,

ix,

xi

xii

xiii,

xiv,

xv,

xvi

xvii

xviii.

‘The Head of the Local Social Welfare and Development Office, member;
The Head of the Local Health Office, member;

‘The Head of the Local Agriculture Office, member;

‘The Head of the Gender and Development Office, member,

‘The Head of the Local Engineering Office, member;

‘The Head of the Local Veterinary Office, member;

‘The Head of the Local Budget Office, member,

‘The Division Head / Superintendent of Schools of the DepEd member,

‘The highest-ranking officer of the Armed Forces of the Philippines (AFP)
assigned in the area, member;

‘The Provincial Director / City / Municipal Chief of the Philippine
National Police (PNP), member;

The Provincial Director / City / Municipal Fire Marshall of the Bureau of
Fire Protection (BFP), member;

The President of the Association of Barangay Captains (ABC), member;
The Philippine Red Cross (PRC), member,
Four (4) accredited CSOs, members; and

One (1) private sector representative, member.

‘The existing Barangay Development Councils (BDCs) shall serve as the
LDRRMCs in every barangay.

(2) Functions of the LDRRMC — The LDRRMCs_

shall have the following

functions:

i

ii

Approve, monitor and evaluate the implementation of the LDRRMPs
and regularly review and test the plan consistent with other national and
local planning programs;

Ensure the integration of disaster risk reduction and climate change
adaptation into local development plans, programs and budgets as a strategy
in sustainable development and poverty reduction;


iii, Recommend the implementation of forced or preemptive evacuation
of local residents, if necessary; and

iv. Convene the local council once every three (3) months or as necessary.

d) LOCAL DISASTER RISK REDUCTION AND MANAGEMENT OFFICE
(LDRRMO)

(1) Funetions of the LDRRMO ~ All local government units must establish a
local disaster risk reduction and management office at the provincial, city
and municipal level and a Barangay Disaster Risk Reduction and Management
Committee (BDRRMC) in every barangay to perform the following functions:

i, Design, program, and coordinate disaster risk reduetion and management
activities consistent with the NDRRMC’s standards and guidelines;

ii, Conduct risk assessments, local DRRM and contingency planning activities
at the local level, in coordination with the field office of the Authority
and other stakeholders, including the vulnerable and marginalized
groups, to ensure that assessments and plans are validated and
integrated in the national, regional and provincial risk profile:

iii, Consolidate local disaster risk information which includes risk from natural
and human-induced hazards, and maintain a local risk map for the
community;

iv. Organize and conduct training, orientation, and knowledge management
activities on disaster risk reduction and management at the local level, in
coordination with the Research and Training Center,

v. Operate a multi-hazard and inclusive early warning system to provide
accurate and timely report to national or local emergency response
organizations and to the general public, through diverse mass media,
telecommunications, and technologies for communication within rural
communities;

vi. Formulate and implement a comprehensive and_ integrated LDRRMP
in accordance with the national, regional and provincial framework and
policies on disaster risk reduction in close coordination with the LDRRMC
to identify and implement cost-effective risk reduction contingencies,
measures or strategies;

vii. Prepare and submit to the local sanggunian through the LDRRMC the
annual LDRRM Plan, the proposed programming of the LDRRMF, other


viii.

ix.

xi

xii

xiii

xiv,

XV,

xvi

xvii.

dedicated disaster risk reduction and management resources, and other
regular funding source of the LDRRMO;

Monitor and mobilize instrumentalities and entities of the LGU and its
partner LGUs, CSOs, private sector, organized volunteers, and sectoral
organizations for disaster preparedness and response to utilize their
facilities and resources for the protection and preservation of life and
properties during emergencies in accordance with existing policies and
procedures;

Include food security and agriculture livelihoods in the preparedness
and response plans, programs and other mechanisms;

Disseminate information and raise public awareness about risks, their
nature, effects, early warning signs and counter-measures;

Establish an information management system within the LGU and maintain
a disaggregated database of human resource, equipment, services,
resources, directories and location of critical infrastructures and their
capacities such as hospitals and evacuation centers;

Develop, strengthen and operationalize mechanisms for partnership or
networking with the private sector, CSOs, humanitarian organizations,
volunteer groups and other stakeholders;

Maintain and provide suitably-trained and competent personnel for
effective disaster risk reduction and management in its area;

Organize, train, equip and supervise the local emergency response teams
and the Accredited Community Disaster Volunteers (ACDVs), ensuring
that humanitarian workers are equipped with basic skills, including gender-
sensitive case management and handing cases of gender-based violence in
times of disasters;

Respond to and manage the adverse effects of emergencies and carry out
recovery activities in the affected area, ensuring that there is an efficient and
accessible mechanism for immediate delivery of food, water, sanitation
and hygiene (WASH) services, shelter, health and nutrition intervention
and medical supplies for the affected population, particularly the
vulnerable and marginalized groups;

Serve as the secretariat and executive arm of the LDRRMC;

Establish linkage / network with other LGUs for disaster risk
reduction and emergency response purposes;


xviii. Recommend through the LDRRMC the enactment of local ordinances
consistent with the requirements of this Act;

xix, Establish a Provincial / City / Municipal / Barangay Disaster Risk
Reduction and Management Operations Center;

xx. Prepare and submit, through the LDRRMC, the report on the utilization
of the LDRRMF and other dedicated disaster risk reduction and
management resources to the local Commission on Audit (COA), furnishing
a copy to the regional director of the Authority and the Local Government
Operations Officer of the DILG; and

xxi. Act on other matters that may be authorized by the LDRRMC;

(2) Organizational Structure of the Local Disaster Risk Reduction and
Management Office (LDRRMO) and Barangay Disaster Risk Reduction and
Management Council (BDRRMC) ~ The LDRRMO shall be under the office
of the governor, city or municipal mayor. The level of organization of the
LDRRMO can either be a department, division, or section, depending on
the financial capability of the LGU.

‘The LDRRMO shall be established and headed by a local disaster risk reduction
and management officer with regular plantilla position. ‘The LDRRM officer
shall likewise have mandatory regular plantilla staff responsible for
administration and training, research and planning, operations and warning, and
information management system.

The BDRRMC shall be a regular committee of the existing barangay
development council (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.

(3) Budgetary Requirements of LDRRMO ~ The budgetary requirements for
personal services, maintenance and other operating expenditures, and capital
outlay of the LDRRMO shall be sourced from the General Fund of the LGU,
subject to Section 76 of R.A. 7160

The enforcement of Sections 325(a) and 331(b) of R.A. 7160 shall be
waived to enable the LGUs to fund the initial year requirements for the creation
of the minimum five (5) mandatory positions of the LDRRMO.


Other maintenance and operating expenditures, and other capital outlay
requirements of the LDRRMO in the implementation of DRRM programs shall
be charged to the Local Disaster Risk Reduction and Management Fund

CHAPTER VI
ER RISK REDUCTION AND CLIMATE CHANGE ADAPTATION
INTEGRATION AND MAINSTREAMING

SECTION 14. Integration of DRR and CCA in the National Disaster Risk Reduction and
Management Framework and Plan ~ The National Disaster Risk Reduction and Management
Framework shall provide for the comprehensive, all- hazards, multi-sectorial, resilience
building and community-based reduction and management of disaster and climate risk, and
provide for the integration of disaster risk reduction and climate change adaptation, as well as the
mainstreaming of disaster risk reduetion in other sectoral policies, It shall be reviewed on a
three (3) years interval, or as may be deemed necessary, in order to ensure its relevance
to the times,

‘The NDRRMP shall provide for the following: (1) identification of the underlying factors
of risk, or the nature and degree of hazards, vulnerabilities, exposure and capacity, which
need to be managed at the national level; (2) disaster risk reduction and management approaches
and strategies to be applied in managing said hazards and risks; (3) ageney roles, responsibilities,
and lines of authority at all government levels; and (4) vertical and horizontal coordination of
disaster risk reduction and management before, during, and after a disaster. The NDRRMP
shall be in conformity with the Framework

‘The NDRRM Framework and Plan for disaster risk governance, risk assessment and risk
‘management shall be formulated and approved by the NDRRMC.

SECTION 15, National Policy on Disaster Risk Assessment - The NDRRMC shall
formulate a national policy on risk assessment for technological and environmental risk, natural
disaster risk and climate change risk.191 It shall include a multi-hazard, multi- sectoral and
inclusive assessment of risk, taking into consideration the interdependence of disaster risk
reduction, environmental management, climate change adaptation and sustainable development

For this purpose, national government agencies in charge of disaster risk assessment shall
be guided by a probabilistic or deterministic risk assessment methodology, as appropriate,
and shall make sure that there is consistent and appropriate application of the risk assessment
methodology for each type of hazard.

SECTION 16. Fcosystem-Based Approach to Prevention and Mitigation, Rehabilitation
and Recovery from Disasters ~ The Authority shall ensure the application of ecosystems-based
approaches in disaster risk reduction and climate change adaptation, particularly through
ecosystem management and restoration as defined in this Act, and ensuring that environmental
and natural resource policies are risk-informed.


CHAPTER VII
DRRM RESEARCH AND TRAINING CENTER

SECTION 17. Creation of the National Disaster Risk Reduction and Management
Research and Training Center (NDRRM-RTC) ~ (a) Within one year from approval of this Act,
the Authority shall establish the National Disaster Risk Reduction and Management Research and
Training Center which shall serve as a world class center of excellence for learning and research
in the field of disaster risk reduction and management,

(b) The Research and Training Center shall be headed by an Assistant Director- General.
‘The organizational structure and staffing pattern shall be determined by the Authority in
consultation with DBM and in accordance with civil service rules and regulations.

(c) The Research and Training Center shall have the following functions:

1) Establish regional branches in Luzon, Visayas and Mindanao, as well as provincial,
city or municipal branches if deemed necessary, to train individuals from public
and private sectors in the fields of disaster risk reduction and management, climate
change adaptation, and ecosystem management and restoration, among others;

2

Develop and implement an inclusive and ladderized curricula on disaster risk
reduction and management;

3

Develop research programs and a knowledge management system on DRRM for
the purpose of innovation, capacity building and development;

4

Partner with the academe and research institutions, private sector, civil society,
community-based DRRM practitioners and other relevant sectors in developing
research opportunities and programs on DRRM;

5

Establish a resource center for IEC materials, research, publications, best practices,
lessons learned and other knowledge products on disaster risk reduction and
management;

6

Consolidate and prepare IEC and training materials or publications to assist disaster
risk reduction and management practitioners in the planning and implementation of
their program and projects:

7) Organize a community of disaster risk reduction and management practitioners;
and

8

Accredit, monitor and evaluate disaster risk reduction and management training
institutions.

(d) Financial Support to the Center:


1) The budget for the Research and Training Center shall be sourced from the annual
General Appropriations Act. It shall have the authority to collect the necessary
fees that shall be used for maintenance and other operating expenses of the
Research and Training Center

2) The Authority shall assist in the creation of Research and Training Centers
at the provincial, city, and municipal governments, as appropriate, The funding for
such local Research and Training Centers may be sourced from the seventy
(70%) percent portion of the LDRRMF and other financial sources of the local
government unit concemed.

CHAPTER VIIL
NATIONAL DRRM INFORMATION, EDUCATION AND COMMUNICATION

SECTION 18. National DRRM Information Management System (DIMS) ~ The Authority,
shall establish a National Information Management System for DRRM. It shall constitute a
physical central database of all disaster risk reduction and climate change data, including a
geographic information system on geo-hazard assessments and climate risk. It shall be the
repository of current and multi-temporal information for wide-scale disaster risk analysis and
climate change vulnerability assessment, The DIMS shall at all times be made available to the
Emergency Operations Center of the NDRRMC to ensure the use of timely, accurate and reliable
information for decision- making.

ION 19, Disaster Risk Reduction and Climate Change Education and Training — (a)
‘The DepEd, the CHED, the Technical Education and Skills Development Authority (TESDA),
in coordination with the OCD, CCC, the National Youth Commission (NYC), the
Department of Science and Technology (DOST), the Department of Environment and Natural
Resources (DENR), the Department of Interior and Local Government Bureau of Fire (DILG-
BEP), the Department of Health (DOH), the Department of Social Welfare and Development
(DSWD) and other relevant agencies, shall integrate disaster risk reduction and management and
climate change adaptation education in the school curricula at all levels of education, from K-12
to tertiary levels, including the early and adult learning programs, National Service Training
Program (NSTP), and education for children and persons with special needs, whether private or
public, including formal and non-formal, technical-vocational, indigenous leaming, out-of- school
youth courses and programs, and other channels of educational integration, including but not
limited to media, church, entertainment centers (malls), international and domestic airports and
transport terminals (OFWs)

(b) The Civil Service Commission (CSC), Professional Regulatory Commission (PRC)
and other licensure-giving bodies shall integrate’ DRRM-CCA questions in all professional and
licensure examinations.


(c) The Commission on Higher Education (CHED), in coordination with the Authority and
the National DRRM Research and Training Institute, shall develop a curriculum for courses or
subjects specific to DRRM and CCA, and shall mandate all tertiary learning institutions to offer
these subjects

(d) The Parents and Teachers Community Association should initiate, support, and
participate in DRRM-CCA related activities in schools and host communities.

(e) The DepEd, the CHED, and the Technical Education and Skills Development
Authority (TESDA) shall formulate and institutionalize flexible learning options (modules, online
learning platforms, etc.) as part of its disaster risk governance, analysis, and management strategy.

(f) The DepEd, CHED and TESDA shall regularly review, monitor, evaluate and report to
the Council the status of integration and implementation of DRRM-CCA in schools and other
learning institutions.

(e) The LDRRMCs shall form formal partnerships with tertiary learning institutions
within their respective jurisdictions to provide standard and ladderized training programs
LGU officials and other DRRM stakeholders.

(h) The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs,
and the Sangguniang Kabataan shall encourage the community, specifically the youth,
participation in disaster risk reduction and management-climate change adaptation activities, such
as Information, Education and Communication (IEC) Campaigns organizing quick response
groups, particularly in identified disaster-prone areas, as well as the inclusion of DRR-CCA
programs as part of programs and projects of the Sangguniang Kabataan, youth organizations
and community-based DRRM initiatives,

(i) The public sector employees, including teachers and DRRM coordinators from both the
public and private learning institutions, shall be trained in emergency preparedness and response.
The training is mandatory for such employees to comply with the provisions of this Act

SECTION 20, Standard Mechanism for Cascading Information, Education and
Communication on DRRM ~(a) The NDRRMC shall promote and advocate a culture of
resilience and responsible citizenship through information, education and communication that is
appropriate, integrated, inclusive, localized, science-based, gender, culture and disability sensitive
and accessible using multimedia. IEC on DRRM should be compelling but not alarming,

(b) The NDRRMC shall formulate a Strategic Risk Communications Plan to encompass
the entirety of disaster risk reduction and management to achieve the desired behavioral
change towards responsible citizenship and culture of resilience, It shall serve as a reference on
continuous awareness raising and education at all levels of the government.

(c) ADRRM Information Officer shall be designated at all levels of the Authority to ensure
implementation of the disaster risk reduction and management IEC campaign. The DRRM


Information Officer shall serve as the primary coordinator for the dissemination of IEC
on DRRM.

CHAPTE
DRRM INSURANCE AND INCENTIV!

SECTION 21. Disaster Risk Transfer, Insurance and Social Welfare ~(a) The Authority
shall oversee all disaster risk transfer and other related initiatives to ensure the protection of
property and livelihood, both public and private

(b) The Authority shall make mandatory the insurance of all assets and properties of
national government agencies including government-owned and controlled corporations, and those
over which the government has insurable interest, as prescribed under R.A. 656, The insurance
shall be provided by any government insurance ageney

(c) The Authority shall encourage the local government units to insure assets, properties
and livelihood of vulnerable and marginalized groups for unforeseen or contingent losses
from natural hazards and human-induced disasters which may be charged against the LDRRM
Fund in coordination with concerned national government agencies.

SECTION 22. Incentives — Unless otherwise provided, the Authority shall establish an
incentives program that recognizes outstanding performance of LDRRMC, CSOs, schools,
hospitals, and other stakeholders in promoting and implementing significant DRRM-CCA
programs and innovations, and meritorious acts of individuals, groups or institutions during
natural or human-induced disasters.


CHAPTER X
PREPAREDNESS AND EARLY WARNING

SECTION 23. Standards for Disaster Preparedness Activities ~ (a) The NDRRMC shall
establish standards for disaster preparedness, including, but not limited to contingency planning,
localizing and operationalizing disaster risk reduction and management, preparedness for disaster
response, preparedness for early recovery, including continuity of essential services, and other
relevant preparedness activities

(b) LGUs shall identify or build evacuation centers in accordance with government-
approved standards to minimize the use of schools as such and to avoid disruption of classes.
Schools that have been used as evacuation centers shall be immediately compensated by the
LGU concerned, with respect to damages or renovation expenses incurred as a result of such use.

SECTION 24, Multi-Hazard Early Warning and Risk Communication Standards ~ (a)
‘There shall be a streamlined policy governing early warming systems and risk communication
protocols to ensure effective and efficient measures to prevent, prepare for, respond to and recover
from possible risk caused by natural and human-induced hazards and climate risk, The NDRRMC
shall issue and the Authority shall oversee and monitor the implementation of this policy.

(b) The Authority and all other concemed agencies with an early warning mandate shall
collaborate among people at the local level to disseminate disaster risk information through the
involvement of local government units, community-based organizations, civil society
organizations, and other non-governmental organizations.

SECTION 25. Early Warning Mandate ~ (a) Authority to Issue Early Warning. Early
warnings for hydro-meteorological, geologic, or terrestrial phenomena is lodged with the
appropriate government agencies or government-accredited organizations for purposes of
forecasting and early warning. This notwithstanding, the State shall recognize and proactively
support local or indigenous modes of early warning systems

(b) Transmission of Early Warning. A person who transmits early warning concerning the
abovementioned phenomena by means of signs in designs, colors, lights, or sound shall do so
in compliance with the methods recognized ot approved by the NDRRMC.

CHAPTER XI
DISASTER RESPONSE AND EARLY RECOVERY

SECTION 26. Declaration of State of Calamity — The NDRRMC 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 the criteria set
by the NDRRMC. 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 LDRRMC, based on the results of the damage
assessment and needs analysis, Moreover, on the basis of official warming by government warning
agencies such as PAGASA, PhiVoles and MGB, the LDRRMC may seek from the sanggunian,
the declaration of a state of imminent disaster to enable the local executives to implement
precautionary measures principally preemptive evacuation in order to save lives and minimize
damage to property which would require the use of resources principally lodged in the LDRRMF.

SECTION 27. Emergency Management ~ The respective Disaster Risk Reduction and
‘Management Councils shall take the lead in preparing for, responding to, and recovering from the
effects of any disaster, giving due consideration to the economic classification, capacity and
vulnerability of the local governments concerned and based on the following criteria:

a) The BDRRMC, if a barangay is affected;
b) The city / municipal DRRMCs, if two (2) or more barangays are affected;
©) The provincial DRRMC, if two (2) or more cities/municipalities are affected;
d) The regional DRRMC, if two (2) or more provinces are affected;
e) The NDRRMG, if two (2) or more regions are affected; and
f) After 24 hours without report, the nearest field office of the Authority may take the
lead, in partnership with local authorities in managing emergency situation to save
lives and alleviate human suffering until such time that the local officials
may exercise full leadership and assume their functions.
The Authority in cooperation with the NDRRMC and intermediary LDRRMCs 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 NDRRMC and concerned LDRRMCs.

SECTION 28. Humanitarian Assistance Action Center ~ The NDRRMC. shall
institutionalize a one-stop shop mechanism through the Humanitarian Assistance Action Center
for the processing and release of goods, articles or equipment intended for humanitarian assistance
and the processing of necessary documents for international assisting actors, The Humanitarian
Assistance Action Center shall be managed by the Authority and shall be composed of the
following NDRRMC agencies:

a) Department of Finance-Bureau of Customs;
b) Department of Foreign Affairs;

c) Department of Social Welfare and Development;


d) Department of Health;

€) Food and Drug Administration;
f) Department of Agriculture;

2) Department of Energy;

hh) Philippine National Police;

i) Philippine Coast Guard; and

j) Department of Justice - Bureau of Immigration

SECTION 29, Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, CSOs and the Private Sector ~ The government agencies, CSOs,
private sector and LGUs may mobilize individuals or organized volunteers to augment their
respective personnel complement and logistical requirements in the delivery of disaster risk
reduction programs and activities, ‘The agencies, CSOs, private sector, and LGUs concerned
shall take full responsibility for the enhancement, welfare and protection of volunteers, and shall
submit the list of volunteers to the Authority, through the LDRRMOs, for accreditation and
inelusion in the database of community disaster volunteers

A national roster of ACDVs, National Service Reserve Corps, CSOs and the private sector
shall be maintained by the Authority through the LDRRMOs. Accreditation shall be done at the
municipal or city level

Mobilization of volunteers shall be in accordance with this Act and implementing
guidelines to be formulated by the NDRRMC. Any volunteer who incurs death or injury while
engaged in any of the activities defined under this Act shall be entitled to compensatory benefits
and individual personnel accident insurance as may be defined under the guidelines

SECTION 30. Reporting of Humanitarian Assistance ~ The concerned local government
unit shall submit a report to the Authority, taking into account all domestic or international
humanitarian assistance received and distributed within its area of responsibility

CHAPTER XII
LEGAL FACILITIES FOR ELIGIBLE
ASSISTING INTERNATIONAL ACTORS

SECTION 31. Guidelines for Coordination of International Humanitarian Assistance —
The NDRRMC shall issue comprehensive guidelines on the initiation, entry, facilitation, transit
and regulation of international relief goods and personnel, as well as eligibility guidelines to utilize
the legal facilities for assisting international actors provided hereunder.


PART I. INTERNATIONAL PERSONNEL

SECTION 32, Visa Waiver ~ Fligible assisting international actors shall be entitled to
waiver of entry visa requirements, including any associated fees or charges, to perform Disaster
Relief and Initial Recovery Assistance work for their sponsoring entities without the requirement
to seek a separate residence or work permit.

SECTION 33. Recognition of Foreign Professional Qualifications ~ (a) Eligible assisting
international actors wishing to deploy international personnel for tasks requiring legal
recognition of their foreign professional qualifications shall certify the validity of those
qualifications under the law of the country where they were obtained and the competence of their
personnel for the tasks envisaged.

(b) The NDRRMC shall establish the guidelines and scope for recognition of foreign
professional qualifications for disaster response and early recovery.

(c) Recognition of qualifications shall remain valid until the end of the International Initial
Recovery Period, absent individual criminal conduct or other professional misconduct sufficient
to bar the individual from professional practice in the country.

SECTION 34, Recognition of Foreign Driving Licenses ~ Foreign driving licenses of
eligible assisting international actors shall be accorded temporary recognition during the
Intemational Disaster Relief and Initial Recovery Periods.

SECTION 35. Facilitation of Access ~The international personnel of eligible assisting
international actors shall be allowed access to disaster-affected areas and persons requiring
Disaster Relief or Initial Recovery Assistance, subject to coordination requirements as
mandated by the Authority and limitations based on national security, public order or public health,
weighed in the context of the urgency of the disaster needs, They shall be permitted to provide
their goods and services directly to affected persons

PART IL ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SECTION 36. Customs Facilitation and Priority Treatment ~ The Authority shall facilitate
the rapid importation of consignments of goods and equipment by eligible assisting actors
and shall accord them priority treatment in handling,

SECTION 37, Duty of Compliance by Eligible Assisting Actors ~ In order to benefit from
the aforementioned legal facilities, eligible assisting international actors shall

a) Declare that all the goods and equipment they seek to import under this Part are
exclusively for Disaster Relief or Initial Recovery Assistance and that they comply
with any relevant standards under Philippine laws; and

b) Pack, classify and mark their consignments in accordance with the requirements
described in this Act and its implementing rules and regulations.


SECTION 38, Exemption from Import Duties, Taxes and Restrictions ~ Consignments of
goods and equipment by or on behalf of eligible assisting international actors shall benefit from:

a) Exemption from all duties and taxes;

b) Waiver of economic prohibitions and restrictions except for categories of special
goods and equipment that may be indicated by the NDRRMC; and

©) Clearance without regard to the country of origin or the country from which the
goods have arrived, subject to monitoring for reasons of public health and security

SECTION 39. Simplification of Documentation Requirements ~ (a) Consignment of goods
and equipment sent by or on behalf of eligible assisting international actors shall be cleared or
released on the basis of a simplified goods declaration providing the minimum information
necessary for the Bureau of Customs to identify the goods and equipment and subject, when
deemed necessary, to completion of a more complete declaration within a specified period

(b) The requirements for the declaration for all imports of goods or equipment by or on
behalf of eligible assisting international actors and any supporting documents relating to said
consignment, release and clearance of goods or equipment shall be simplified and lodged without
fee.

PART_IIl. EXPEDITED ENTRY AND USE RESTRICTIONS FOR SPECIFIC
INTERNATIONAL DIS: R GOODS AND EQUIPMENT

SECTION 40, Telecommunications Equipment ~ Eligible assisting international actors
shall be permitted to import telecommunications equipment for the purpose of Disaster Relief or
Initial Recovery Assistance without restrictions, except as required by NORRMC guidelines
and other laws for purposes of national security or public order. The NDRRMC shall provide
guidelines for the manner of use telecommunications equipment as well as e waiver of licensing
requirements or fees.

SECTION 41. Medications ~ Eligible assisting international actors shall be permitted to
import and transport medications and medical equipment for the purpose of Disaster Relief ot
Initial Recovery Assistance so long as they conform to the implementing rules and regulations to
be provided by the NDRRMC.

TION 42. Food ~ Food imported by eligible assisting international actors for disaster
relief and recovery shall be admitted pursuant to expedited procedures set out by the NDRRMC.

SECTION 43, Imported Vehicles ~The granting of local registration and plates for vehicles
imported by eligible assisting international actors shall be expedited.

PART IV. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOOD



SECTION 44, Disposition of Fiquipment and Unused Goods ~ The NDRRMC shalll provide
for the guidelines for retention, re-exportation, donation and disposal of unused goods and
equipment after the termination of Disaster Relief and Initial Recovery Assistance operations.

CHAPTER XU
RECOVERY

SECTION 45, Standards for Recovery ~ The planning, programming and implementation
of the recovery process shall

a) Improve the community’s physical, social and economic resilience, consistent with
the principle of “building back better”,

b) Use locally-driven, centrally-supported processes based on legal mandates with
supplementary capacity support when requested;

©) Redirect development outside danger zones to minimize loss of lives and structures
resulting from typhoons, flooding, landslides, and other hazards

d) Employ outcome-driven planning and implementation;
¢) Maximize use of Private-Public sector partnership where possible;

f) Consider local conditions such as culture, security situation and existing capacities
of communities in identifying programs and projects;

2) Ensure access to public transport, physical and mental health services, markets,
schools and other public services in planning for settlement areas; and

h) Ensure restoration of peace and order and recovery of government functions,

CHAPTER XIV
REMEDIAL MEASURE

SECTION 46. Remedial Measures ~ The declaration of a state of calamity shall make
mandatory the immediate undertaking of the following remedial measures by the agencies
concerned at the national and local levels, subject to existing rules and regulations:

a) Upon the declaration of a state of calamity, the activation of the price
coordinating council is enforced automatically, subject to existing rules and
regulations;

b) Imposition of price ceiling on basic necessities and prime commodities by the
President upon the recommendation of the implementing agency as provided for


under R.A. 7581, otherwise known as the "Price Act", or the National Price
Coordinating Couneil;

©) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing / profiteering and hoarding of prime commodities, medicines and
petroleum products;

4) Programming / reprogramming of funds for the repair of critical facilities or
public infrastructures that are vital for the quick delivery of humanitarian
assistance, to reduce further threat to lives and arrest further deterioration of
properties in the affected communities, following the “build back better”
principle;

¢) Granting of no-interest loans by government finaneing or lending institutions to the
most vulnerable and marginalized groups or individuals; and

£) Local tax exemptions, incentives or relief’ under such terms and conditions
be deemed necessary by the affected local government unit

is May

The implementation of the foregoing measures shall be monitored by the Authority
through reports from the government financing or lending institutions.

CHAPTER XV
PROCUREMENT

SECTION 47. General Rule on Procurement — Any procurement of goods, services,
consultancy or infrastructure for disaster risk reduction and management, whether at the national
or local level, shall abide by the provisions of the Government Procurement Reform Act or RA
9184 and its Implementing Rules and Regulations.

SECTION 48. Emergency Procurement ~ In order to expedite disaster response and early
recovery, and when the conditions required are present, the procurement or lease of equipment and
delivery of goods and services through emergency procurement or purchase at site shall be
allowed. Periods of action on procurement activities may also be waived for the same purpose and
conditions.

CHAPTER XVI
PROHIBITED ACTS AND PENALTIES.

SECTION 49. Prohibited Acts ~ Any person, group or corporation who commits any of
the following prohibited acts shall be held liable and be subjected to the criminal and
administrative penalties as provided for in Section 50 of this Act, without prejudice to the
imposition of other criminal, civil and administrative liabilities under other existing laws.


a) PROHIBITED ACTS OF PUBLIC OFFICIALS — The following acts, ifcommitted
by public officials without justifiable cause, shall be considered as gross neglect of
duty:

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

(2) Failure to create a functional LDRRM Office within six (6) months from
approval of this Act;

(3) Failure to prepare and implement a Contingency Plan for hazards frequently
occurring within their jurisdictions; and

(4) Failure to formulate and implement the LDRRMP with the corresponding
budget allocation,

b) PROHIBITED ACTS OF PUBLIC OFFICIALS AND PRIVATE PERSONS OR
INSTITUTIONS,

(1) Delay, without justifiable cause in the delivery or improper handling or storage
of aid commodities, resulting to damage or spoilage;

(2) Withholding the distribution of relief goods due to (a) political or partisan
considerations; (b) discrimination based on race, ethnicity, religion, or gender;
and (©) other similar circumstances;

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

(4) 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,

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

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

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

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


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

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

i, Bither 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;

ii, 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;

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

(11) Substituting or replacing relief goods, equipment or other aid commodities
with the same items or inferior/cheaper quality;

(12) Ilegal solicitations by persons or organizations representing others as
defined in the standards and guidelines set by the NDRRMC;

(13) 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

(14) Tampering with or stealing hazard monitoring and disaster preparedness
equipment and paraphernalia.

SECTION 50. Penalties ~ Any individual, corporation, partnership, association or other
juridical entity that commits any of the prohibited acts in the preceding paragraph shall be made
liable for the following:

a) A fine of not less than One hundred thousand pesos (Php 100,000.00) or any
amount not to exceed Five hundred thousand pesos (Php 500,000.00) or
imprisonment of not less than six (6) years and one (1) day or more than twelve
(12) 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 objects and the
instrumentalities used in committing any of herein prohibited acts.



b)

°)

qd)

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

If the offender is a public officer, the offense shall also be punishable by
administrative suspension of six (6) months and one (1) day to one (1) year for the
first offense, and dismissal from the service for the second offense, The penalty of
dismissal shall carry with it the cancellation of eligibility to or forfeiture of
retirement benefits, perpetual disqualification from holding public office and
disqualification from taking civil service examinations

The prosecution for offenses set forth under Section 27 of this Act shall be without
prejudice to any criminal liability for violation of the Revised Penal Code
(Republic Act No, 3185, as amended) and other existing laws, as well as
the imposition of applicable administrative or civil liabilities,

CHAPTER XVII
APPROPRIATIONS

SECTION 51. Appropriations

a)

b)

BUDGET. The Authority shall be allocated a budget of ten billion pesos (Php
10,000,000,000,00) from the National Treasury starting from the effectivity of this
Act. Thereafter, the amount needed for its operation, personal services,
maintenance and other operating expenses, and capital outlay shall be
included inthe General Appropriations Act annually.

NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT FUND. In
accordance with Section 5(k), the NDRRM Fund shall be managed by the
Authority, The specific guidelines on the release and utilization of the NDRRM
Fund shall be issued by the NDRRMC in accordance with the recommendation of
the Authority.

(1) The NDRRM Fund shall be used for disaster risk reduction or mitigation,
prevention and preparedness programs. It can also be utilized for relief,
recovery, reconstruction and other work or services in connection with natural
or human-induced disasters which may occur during the budget year or those
that occurred in the past two (2) years from the budget year.

(2) Of the annual appropriation of NDRRME, seventy percent (70%) shall be
appropriated for disaster risk reduction, prevention and mitigation programs


and project focusing on both institutional capacity building of vulnerable
communities and risk-reducing infrastructure. The NORRMC shall pass a
resolution to set the priority allocations and govern and trigger the
implementation of this section

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

(4) All departments/agencies and LGUs that are allocated with DRRM fund shall
submit to the Authority their monthly statements on the utilization of
DRRM funds and make an accounting thereof in accordance with
existing accounting and auditing rules

(5) All departments, bureaus, offices and agencies of the government are hereby
authorized to use a portion of their appropriations to implement projects
designed to address DRRM activities in accordance with the NDRRMP and
the guidelines to be issued by the NDRRMC_ in coordination with the DBM.
and COA.

LOCAL DISASTER RISK REDUCTION AND MANAGEMENT FUND. Not
less than five percent (5%) of the estimated revenue from regular sources shall be
set aside as the LDRRMF to support disaster risk reduction and management
programs. 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 the disaster risk reduction work of other LDRRMCs
that are declared under a state of calamity

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

Unexpended LDRRME shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management activities of the LDRRMCs
within the next five (5) years. Any such amount still not fully utilized after five (5)
years shall revert back to the general fund and will be available for other social
services to be identified by the local sanggunian.


The NDRRMC shall issue guidelines on the utilization and release of LDRRMF in
coordination with other concerned government agencies.

d) PREVENTION, MITIGATION AND PREPAREDNESS FUND FOR 4TH TO.
6TH CLASS MUNICIPALITIES, There shall be in the annual general
appropriations act an amount allotted solely for the use of 4th to 6th class
municipalities for the purpose of augmenting their LDRRMF with respect to
programs and procurement for disaster risk prevention, mitigation and
preparedness. The requirements to avail of this subsidy shall laid down in the
implementing rules and regulations of this law.

CHAPTER XVIII
TRANSITORY PROVISIONS:

SECTION 52. Transfer of DRRM Powers and Functions of OCD ~ All powers and
functions of the existing Office of Civil Defense related to disaster risk reduction and management
are hereby transferred to the Authority within one (1) year from the effectivity of this Act.

SECTION 53. Separation Benefits of Officials and Employees of Affected Agencies ~
National government employees displaced or separated from the service as a result of this Act,
shall be entitled to either a separation pay and other benefits in accordance with existing laws,
rules or regulations or be entitled to avail of the privileges provided under a separation plan which
shall be one and one-half month salary for every year of service in the government: Provided,
however, That those who avail of such privilege shall start their government service anew if
absorbed by the Authority. In no case shall there be any diminution of benefits under the separation
plan until the full implementation of the Act. Displaced or separated personnel as a result, if
qualified, shall be given preference in the hiring of the manpower requirements of the Authority
With respect to employees who are not retained by NDRRMA, the government, through the
Department of Labor and Employment, shall endeavor to implement re-training, job counseling,
and job placement programs,

The foregoing transfer of powers and functions shall include all applicable funds and
appropriations, plantilla positions, records, equipment, and property as may be necessary

‘The movement of qualified OCD personnel to the new Authority shall be governed
by Section 10 of this Act.

CHAPTER IX
MISCELLANEOUS PROVISIONS
SECTION 54. Implementing Rules and Regulations - The NDRRMC, through its

Chairperson, shall issue the necessary rules and regulations for the effective implementation of
this Act within sixty (60) days from its approval. The Authority, in consultation with key


stakeholders, shall take the lead in the preparation of the implementing rules and regulations
with the active involvement of the technical management group of NDRRMC.

SECTION 55. Congressional Oversight Committee — The Congressional Oversight
Committee created to monitor and oversee the implementation of the provisions of R.A. 10121
shall retain the same mandate for 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 56, 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 57, Repealing Clause - The provisions of R.A, 10121 and all other laws,
decrees, executive orders, proclamations and other executive issuances which are not consistent
with or contrary to the provisions of this Act are hereby repealed or amended.

SECTION 58. Separability Clause ~ Any portion ot provision of this Law that may be
declared unconstitutional or invalid shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portion or provision can still subsist and be given
effect in their entirety,

SECTION 59. Effectivity Clause ~ This Law shall take effect upon its approval

Approved.