NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S. No. 2643
V11
of tliffi-.In’
24 APR 23 P4 -00
RtCEI'/iD S',
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
INSTITUTIONALIZING A MECHANISM ON THE DECLARATION OF STATE OF 
IMMINENT DISASTER, PROVIDING THE CRITERIA FOR SUCH 
DECLARATION AND LIFTING, ENABLING ANTICIPATORY MEASURES, AND 
PROVIDING FUNDS THEREFOR
EXPLANATORY NOTE
The National Disaster Risk Reduction and Management Council (NDRRMC) 
issued Resolution No. 071 in March 2022 which resolved to "facilitate and initiate the 
most appropriate national policy or legal agenda for the institutionalization of the 
Declaration of a State of Imminent Disaster" or one that is "made in anticipation of a 
highly probable disaster due to projected catastrophic impacts that are severe 
enough to require funding to supplement local resources in preventing or alleviating 
damages and losses."
The recommendation proceeds from its experience wherein during the Pre- 
Disaster Risk Assessment (PDRA) for typhoon Odette, six out of seven regions which 
were already pre-identified as high-risk regions prior to its landfall and thereby 
required the highest level of preparedness eventually have been placed under a 
State of Calamity. Such underscores the connection between accurate and scientific 
early forecasting systems and the preparedness and response mechanisms towards 
effective reduction and mitigation of disaster impact.
1 NDRRMC Resolution No. 07, s. 2022. "Resolution Recommending the Institutionalization of the Declaration of 
a State of Imminent Disaster"


This measure introduces the concept of "Anticipatory Action" which is defined 
hereunder as "action to be taken to reduce the impacts of a forecast hazard before it 
occurs, or before its most acute impacts are felt." It is performed by an individual or 
organization before an anticipated disaster to mitigate its impact on people, animals, 
and properties that are likely to be affected.
In 2022, Foreign Ministers of G7, otherwise known as the Group of Seven or 
the bloc of the world's most industrialized economies, committed to "support the 
integration of anticipatory action into the Humanitarian Programme Cycle as well as 
development planning and national adaption plans." G7 also reaffirmed commitment 
to "advocate for, scale up and systematically mainstream anticipatory action into 
humanitarian system, particularly for countries with weli-estabiished disaster risk 
reduction infrastructure in piace."
Meanwhile, the ASEAN Framework on Anticipatory Action in Disaster 
Management was developed and published in order to ensure that early warnings 
are reliably translated into interventions to substantially lessen socio-economic losses 
and suffering caused by disaster emergencies, and ultimately to protect people and 
assets before a hazard develops into a disaster.
In the Philippines, several humanitarian organizations such as the Philippine 
Red Cross (PRC), the United Nations World Food Programme (WFP), the Food and 
Agriculture Organization (FAO), START Network and Oxfam have aiready piloted AA 
protocols for a range of predictable hazards.
In view of further strengthening national policies on disaster resiiience amid 
the increasing threats of climate change and natural calamities, and shifting away 
from a reactive response toward a more proactive approach to disasters, the 
passage of this iegislation is hereby endorsed.
INQkGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
V '/'iipffiff ol til? s?--cvff; ri)
24 APR 23 P4:00
SENATE
S. No. 2643
RlTEfVtDB':.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
INSTITUTIONALIZING A MECHANISM ON THE DECLARATION OF STATE OF 
IMMINENT DISASTER, PROVIDING THE CRITERIA FOR SUCH 
DECLARATION AND LIFTING, ENABLING ANTICIPATORY MEASURES, AND 
PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
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ARTICLE I
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GENERAL PROVISIONS
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Section 1. Short Title. - This Act shall be known as the "Declaration of State
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of Imminent Disaster Act".
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Sec. 2. Statement of Policy. - It shall be the policy of the State to:
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a) Protect the lives, properties, and livelihoods of its citizens by addressing
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risks, particularly the root causes of vulnerabilities, exposure to hazards,
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and the capacity to anticipate and cope with such hazards;
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b) Provide maximum care, assistance, protection, and services to individuals
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and families to be affected by a disaster, implement anticipatory action
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and response measures to lessen the impact of a disaster, and facilitate
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implementation of contingency plans 
to minimize 
disruptions to normal
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social and economic activities;
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c) Integrate Anticipatory Action principles into existing plans and policies at
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the national and local levels;


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d) Acknowledge and strengthen the capacities of Local Government Units 
(LGUs) and relevant National Government Agencies (NGAs), and 
communities in preparing for, anticipating, responding to, and recovering 
from the impact of disasters;
e) Respond to the differentiated concerns and needs of vulnerable and 
marginalized groups such as not but not limited to women and children, 
persons with disabilities, the elderly, and indigenous peoples with respect 
to disaster resilience and disaster management;
f) Protect and promote the health and welfare of all individuals, families, and 
animals by addressing risks, particularly the root causes of vulnerabilities, 
exposure to hazards, and the capacity to cope with hazards to eliminate, if 
not minimize the incidence of deaths arising from various hazards such as 
natural, epidemic, pandemics, or other illnesses of public health concern, 
and other hazards disrupting the normal functioning of communities;
g) Provide various mechanisms that ensure transparency and accountability 
in disaster and climate risk governance, such as in data and resource 
management;
h) Ensure community participation in the planning and implementation of the 
country's disaster risk reduction and management (DRRM) program in 
accordance with the people's right to participate in the decision-making 
process that contributes to better living conditions; and
i) Establish a funding source for the implementation of programs for 
Anticipatory Actions.
Sec. 3. Definition of Terms. - As used in this Act:
a) Anticipatory Action - refers to action to be taken to reduce the impacts of 
a forecast hazard before it occurs, or before its most acute impacts are 
felt. It is performed by an individual or organization before an anticipated 
disaster to mitigate its impact on people, animals, and properties that are 
likely to be affected.
b) Anticipatory Action Protocol - refers to a protocol for the step-by-step 
implementation of anticipatory actions based on the activation of pre­
determined triggers. It specifies the types of measures to be implemented


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ahead of predicted hazards, institution roles and responsibilities, 
resources, coordination processes, and operational arrangements.
c) Capacity - refers to the combination of all strengths and resources 
available within a community, society, or organization that can reduce the 
level of risk, or effects of a disaster. Capacity may include infrastructure 
and physical means, institutions, societal coping abilities, as well as human 
knowledge, skills, and collective attributes such as social relationships, 
leadership and management.
d) Contingency Plan - refers to a scenario-based plan for a specific and 
projected natural and/or human-induced hazard. It aims to address the 
impacts of the hazard to people, properties, and the environment; and/or 
to prevent the occurrence of emerging threats through the arrangement of 
timely, effective, appropriate, and well-coordinated responses as well as 
the efficient management of resources.
e) Declaration of a State of Imminent Disaster- refers to the declaration that 
is made in anticipation of a highly probable disaster due to projected 
impacts based on forecast and the results of Pre-Disaster Risk Assessment 
(PDRA) that are severe enough to require funding to utilize existing 
national and local resources in preventing or alleviating damages and 
losses;
f) Disaster - refers to the serious disruption of the functioning of a 
community or a society involving widespread human, material, economic, 
or environmental losses and impacts, which exceeds the ability of the 
affected community or society to cope using its own resources;
g) Disaster Response - refers to any concerted effort by two (2) or more 
agencies, public or private, to provide assistance or intervention during or 
immediately after a disaster to meet the life preservation and basic 
subsistence needs of those affected and in the restoration of essential 
public activities and facilities. It follows three phases which are pre-impact 
phase, impact phase, and post-impact phase.
h) Disaster Risk - refers to the estimated potential disaster losses in lives, 
health status, livelihood, properties, and services which could occur to a


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particular community or a society over some specified period. Disaster risk 
is calculated as a combination of the probability of an event and its 
negative consequences;
i) Disaster Risk Reduction and Management (DRRM) - refers to the 
systematic process of using administrative directives, organizations, and 
operational skills and capacities to implement strategies, and policies and 
provide coping capacities to lessen and avert the adverse impacts of 
hazards and the possibility of a disaster;
j) Disaster Risk Reduction and Management Council (DRRMC) - refers to the 
organized body of government agencies, including civil society 
organizations including organizations of persons with disabilities, women, 
older persons, children, indigenous people, and others who belong to the 
vulnerable sectors, and the private sector, mandated to undertake DRRM 
activities from the national to local levels. The composition, powers, and 
functions of the DRRMC are defined in RA 10121;
k) Early Warning System (EWS) - refers to an integrated system of hazard 
monitoring, forecasting, and prediction, disaster risk assessment, and 
communication and preparedness activities and processes that enable 
individuals, communities, national government agencies, local government 
units, the private sector, and others to take timely action to reduce 
disaster risks and adequately prepare for disasters;
l) Emergency - refers to the unforeseen or sudden occurrence, especially 
danger, demanding immediate action;
m) Exposure - refers to the situation of people, animals, production 
capacities, environmental services, and properties in places that could be 
adversely affected by hazards and which, thereby, are subject to potential 
future harm, loss, or damage;
n) Forecast - refers to the definite statement or statistical estimate of the 
likely occurrence of a future event or conditions for a specific area;
o) Hazard - refers to a dangerous phenomenon, substance, human activity, 
or condition that may cause loss of life, injury or other health impacts.


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property damage, loss of livelihood, and services, social and economic 
disruption, or environmental damage;
p) Imminent Disaster - refers to a highly probable disaster with severe 
projected impacts;
q) Impact - refers to the total effect, projected or actual, including negative 
effects and positive effects, of a hazardous event or a disaster which may 
include economic, human, and environmental impacts, and may also 
include death, injuries, disease, and other negative effects on human well­
being and animal welfare;
r) 
"No Regrets" approach - refers to the recognition of risks that may not 
materialize in the way or with the impacts forecasted. Yet, the anticipatory 
action approach is sufficiently flexible and adaptable to introduce positive 
changes to systems and processes and that builds resilience and benefits 
vulnerable groups;
s) Pre-Disaster Risk Assessment (PDRA) - refers to the process of evaluating 
a hazard's level of risk given the degrees of exposure and vulnerability in a 
specific area. It presents the possible impacts on the people, animals, 
production capacities, environmental services, and properties and forms as 
a basis to determine the appropriate level of response actions from the 
national level government agencies down to LGUs;
t) Preparedness - refers to the pre-disaster actions and measures 
undertaken within disaster risk reduction and management. It is based on 
sound risk analysis and pre-disaster activities to avert or minimize loss of 
life and property, such as community organizing, training, planning, 
equipping, stockpiling, hazard mapping, insuring assets, and public 
information and education initiatives. This also includes the development 
or enhancement of an overall preparedness strategy, policy, institutional 
structure, warning and forecasting capabilities, and plans that define 
measures geared to help at-risk communities safeguard their lives and 
assets by being alert to hazards and taking appropriate action in the face 
of an imminent threat or an actual disaster;


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u) Resources - refers to the funds, equipment and other requirements for
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disaster preparedness and response;
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v) Risk Assessment - refers to a methodology to determine the nature and
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extent of risk by analyzing potential hazards and evaluating existing
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conditions of vulnerability that together could potentially harm, exposed
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people, animals, production capacities, environmental services, and
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properties;
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w) Technical Management Group (TMG) - refers to the members of the
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NDRRMC who endorse the outputs of the Technical Working Group (TWG)
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to the NDRRMC Full Council;
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x) Technical Working Group (TWG) - refers to the members of the NDRRMC
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who are in charge of the preparation, formulation, and development of
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policy guidelines to be endorsed by the TMG for the NDRRMC's approval;
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y) Trigger - refers to a predetermined criterion that, when met, is used to
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initiate Anticipatory Actions. A trigger can be a predetermined value for a
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specific indicator or set of indicators that is forecasted to occur or has
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been measured as having occurred. It must be associated with a level of
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projected impact based on a robust PDRA. Once a trigger is met,
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anticipatory actions are implemented to mitigate the projected impact;
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z) Vulnerability - refers to the characteristics and circumstances of a
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community, system or asset that make it susceptible to the damaging
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effects of a hazard.
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ARTICLE II
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STATE OF IMMINENT DISASTER
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Sec. 4. Declaration of State of Imminent Disaster. - The President of the
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Philippines, through the recommendation of the National Disaster Risk Reduction and
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Management Council (NDRRMC), herein referred to as the National Council, shall
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declare a State of Imminent Disaster over a cluster of barangays, municipalities,
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cities, provinces, and regions using the guidelines for the PDRA as informed by
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national science-based agencies to be issued by the National Council for the
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purposes of declaration under this Act.


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The Local Chief Executive (LCE), through an executive order and upon the
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recommendation of the Local DRRM Council (LDRRMC) through a resolution may
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also initiate the issuance of a declaration of State of Imminent Disaster in their
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respective area of jurisdiction.
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For this purpose, the following levels shall have the authority to declare a
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State of Imminent Disaster upon the results of the PDRA:
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a) The Municipal or City Mayor, upon recommendation of the Municipal or
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City DRRM Council, when two or more barangays are forecasted to be
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affected by an imminent disaster; and
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b) The Provincial Governor, upon the recommendation of the Provincial
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DRRM Council, when two or more municipalities or cities are forecasted to
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be affected by an imminent disaster.
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For the purposes of this Act, a State of Imminent Disaster may be brought
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about by various hazards such as natural, epidemic, pandemics, or other illnesses of
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public health concern, and other hazards disrupting the normal functioning of
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communities.
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Sec. 5. Criteria for Deciaration of State of Imminent Disaster. - The city,
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municipality, province, or region may be declared under a State of Imminent
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Disaster upon the results of PDRA by the NDRRMC or the concerned LDRRMC
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indicating the probability of disaster occurrence that is severe enough to warrant the
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utilization of resources to be able to prevent or minimize potential damages and
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losses. Any of the following conditions must be present and shall be adhered to by
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the National and Local DRRM Council before the declaration:
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a) The forecasted affected population requires expeditious emergency
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assistance to prepare for the cascading effects of an impending disaster;
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b) Projected damage to shelter, critical infrastructure, and facilities that are
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necessary for emergency response, logistical operations, lifelines and
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other related systems for the delivery of necessities, including sources of
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food supply such as agricultural and fishery products;
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c) Projected disruption of lifeline systems such as food supply chain,
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electricity, potable water system, communication system, access to health
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service, and other related systems;


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d) Projected extremely high incidence expected of a certain disease that may
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affect whether human, animal, or crops, infectious or noninfectious, or
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other health-related events that are beyond normal expectancy;
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e) Significant degradation of environmental and natural resources 
is
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forecasted based on recommendations from relevant agencies;
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f) Projected impact on agricultural and fishery areas that cause negative
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consequences on the country's economic and food security on a national
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or local scope;
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g) The current resources and measures of the concerned LGUs are
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insufficient and there is a need for rapid augmentation that may only be
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met through such declaration.
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Sec. 6. Duration and Lifting of the Deciaration of State of Imminent Disaster.
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- The declaration of State of Imminent Disaster may be enforced either by the
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President or the LCEs through an executive order for a duration calculated before
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the occurrence of an imminent disaster.
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If the latest PDRA report states that the projected impacts are not met, the
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same may be recommended for the immediate lifting of such declaration to be
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undertaken by the President or the LCE upon the recommendation of the National or
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Local DRRM Council.
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ARTICLE III
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MEASURES TO BE UNDERTAKEN UPON DECLARATION OF STATE OF
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IMMINENT DISASTER
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Sec. 7. Anticipatory Measures for the Nationai and Locai DRRM Counciis. -
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The declaration of a State of Imminent Disaster shall allow the National and Local
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DRRM Councils the use of national and local resources and mechanisms to
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implement anticipatory actions to lessen or avert the projected impact on
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communities which may fall but are not limited to the following courses of action:
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a) Direct any government agency or entity to implement its mandates and
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utilize resources granted to it by law, including its personnel, equipment,
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suppliers' facilities, and technical services, in support of the national or
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local anticipatory action efforts to save lives, protect property, ensure
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public health and safety, and to lessen or avert damages and losses;


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b) Coordinate, monitor, and regulate all anticipatory action efforts, including
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the provision of services, financial and in-kind assistance, mobilization of
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response teams, and other resources provided by national and local
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government agencies, including the private sector and national, and
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international non-governmental organizations (NGOs/INGOs), while
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recognizing and respecting the humanitarian principles of independence,
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autonomy, neutrality, and impartiality of humanitarian organizations;
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c) Provide technical and advisory assistance for the management, control
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and reduction of the immediate threats to public health and safety;
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d) Coordinate among various experts from various concerned agencies to
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continue hazard monitoring and public information advisories;
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e) Recommend implementation of Anticipatory Action Protocols for the
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projected affected population.
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Sec. 8. Funding. -The LGUs shall allocate seventy percent (70%) portion of
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their Local DRRM Fund for Anticipatory Action Protocols, as identified in their
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respective Local DRRM Plans, and ensure that its funding shall be disbursed
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immediately upon the declaration of a State of Imminent Disaster. The unexpended
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fund from the 70% portion accrued to the Special Trust Fund may also be used for
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such purpose.
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All relevant National Government Agencies shall ensure that Anticipatory
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Action Protocols are included in their regular agency Programs, Projects, and
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Activities (PPAs) to be funded by their regular agency budgets as Anticipatory Action
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Funds and be properly included in the General Appropriations Act. The National
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DRRM Fund may also be used to fund Anticipatory Action Programs. Likewise, such
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identified funds shall be disbursed immediately for this purpose and be used until
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the lifting of the declaration of a State of Imminent Disaster.
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Sec. 9. Changes in Hazard Forecast - The following courses of action shall be
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observed in cases of non-occurrence of the situation despite the declaration of State
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of Imminent Disaster:
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a) The government shall adopt a "no regrets" approach acknowledging that
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the proposed or undertaken anticipatory actions still benefit rather than
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negatively impact the targeted population.


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b) The unutilized funds in the case of LGUs shall accrue to the Special Trust
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Fund; Meanwhile, unutilized funds of the NGA shall revert to the National
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Treasury as part of the General Funds upon the lifting or termination of
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the declaration of a State of Imminent Disaster.
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c) For food or non-food items, the Department of Social Welfare and
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Development (DSWD) and the Local Social Welfare and Development
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Office concerned shall take charge of the storage of food and other non-
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food items at the national and local levels, respectively, if the concerned
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government agency, whether an NGA or LGU has already acquired the
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additional resources needed through the use of funds released for
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anticipatory action.
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d) Services rendered by third parties shall be subject to a just compensation
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on a quantum meruit basis.
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Sec. 10. Prohibited Acts. - Any person, group, or corporation who commits
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any of the following prohibited acts shall be held liable and be subjected to the
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penalties as prescribed in Section 11 of this Act:
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a) Dereliction of duties which leads to destruction, loss of lives, critical
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damage of facilities, and misuse of funds;
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b) Preventing the entry and distribution of relief goods in areas declared
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under a State of Imminent Disaster, including appropriate technology,
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tools, equipment, accessories, 
shelter implements, and disaster
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teams/experts;
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c) Buying, for consumption or resale, from disaster relief agencies any relief
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goods, equipment, and/or other commodities that are intended for
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distribution to areas declared under a State of Imminent Disaster;
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d) Buying, for consumption or resale, from the recipient communities
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forecasted to be affected by an imminent disaster of any of their relief
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goods, equipment, or other aid commodities received by them;
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e) Selling of relief goods, equipment, or other aid commodities that are
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intended for distribution to recipient communities forecasted to be
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affected by an imminent disaster;
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f) Forcibly seizing relief goods, equipment, or other aid commodities
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intended for or consigned to a specific group or relief agency for purposes
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of disaster preparedness;
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g) Diverting or misdelivery of relief goods, equipment, or other aid
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commodities to persons other than the rightful recipient or consignee;
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h) Accepting, possessing, using or disposing of relief goods, equipment, or
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other aid commodities not intended for nor consigned to him/her;
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i) Misrepresenting the source of relief goods, equipment, or other aid
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commodities by:
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1) Either covering, replacing or defacing the labels of the containers to
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make it appear that the goods, equipment, or other aid commodities
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came from another agency or persons;
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2) Repacking the goods, equipment, or other aid commodities into
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containers with different markings to make it appear that the goods
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came from another agency or persons or were released upon the
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instance of a particular agency or persons;
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3) Making false verbal claim that the goods, equipment, or other
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commodity and its untampered original containers came from another
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agency or persons or was released upon the instance of a particular
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agency or persons.
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j) Substituting or replacing relief goods, equipment, or other aid
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commodities with the same items or inferior/cheaper quality;
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k) Illegal solicitations by persons or organizations representing others as
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defined in the standards and guidelines set by the NDRRMC;
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I) Deliberate use of false and inflated data in support of the request for
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funding, relief goods, equipment or other aid commodities for emergency
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assistance or livelihood projects; and
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m) Tampering with or stealing hazard monitoring and disaster preparedness
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equipment and paraphernalia.
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Sec. 11. Pena! Clause. - Any individual, corporation, partnership, association,
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or other juridical entity that commits any of the prohibited acts provided for in
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Section 10 of this Act shall be prosecuted and upon conviction shall suffer a fine of
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not less than Fifty thousand pesos (Php50,000.00) or any amount not to exceed Five
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hundred thousand pesos (Php500,000.00) or imprisonment of not less than six (6)
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years and one (1) day but not more than twelve (12) years, or both, at the
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discretion of the court, including perpetual disqualification from public office if the
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offender is a public officer, and confiscation or forfeiture in favor of the government
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of the objects and the instrumentalities used in committing any of herein prohibited
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acts.
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If the offender is a corporation, partnership or association, or other juridical
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entity, the penalty shall be imposed upon the officer or officers of the corporation,
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partnership, association, or entity responsible for the violation without prejudice to
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the cancellation or revocation of these entities' licenses or accreditation issued to
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them by any licensing or accredited body of the government. If such offender is an
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alien, he or she shall, in addition to the penalties prescribed in this Act, be deported
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without further proceedings after service of the sentence.
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However, the prosecution for offenses set forth in Section 10 of this Act shall
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be without prejudice to any liability for violation of Republic Act No. 3815, as
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amended, otherwise known as the Revised Penal Code, and other civil liabilities.
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ARTICLE IV
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FINAL PROVISIONS
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Sec. 12. Implementing Rules and Regulations. - The NDRRMC, through its
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Chairperson, shall issue the necessary rules and regulations, including operational
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guidelines and procedures, for the effective implementation of this Act within one
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hundred twenty (120) days after approval of this Act. The NDRRMC shall convene a
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Technical Working Group (TWG) composed of all the members of the National
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Anticipatory Action Technical Working Group, concerned members of the NDRRMC,
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and other stakeholders for the formulation of the implementing rules and regulations
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of this Act.
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Sec. 13. Separability Clause. - If for any reason, any provision of this Act is
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declared unconstitutional or invalid, such parts not affected thereby shall remain in
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full force and effect.
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Sec. 14. Repealing Clause. - All laws, decrees, executive orders, rules and
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regulations and other issuances or parts thereof which are inconsistent with this Act
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are hereby repealed, amended or modified accordingly.
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Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication 
in the Official Gazette or in any two (2) newspapers of general
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circulations.
Approved,
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