Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _3236

Introduced by:

Hon. GLORIA MACAPAGAL ARROYO, Hon. FERDINAND
MARTIN G. ROMUALDEZ, Hon. DIOSDADO M. ARROYO, Hon.
LITO L. ATIENZA JR., Hon. JONATHAN A. DE LA CRUZ, Hon.
HON. VICTOR FRANCISCO C. ORTEGA, Hon. PHILIP A, PICHAY,
Hon. LANI MERCADO-REVILLA , Hon. ALETA C. SUAREZ , Hon.
TOBY M. TIANGCO

EXPLANATORY NOTE

Last October 15, 2013, an earthquake with a recorded intensity of
magnitude 7.2 occurred in Central Visayas, particularly in Bohol and
Cebu. According to recent official reports by the National Disaster Risk
Reduction and Management Council (NDRRMC), as of 21 October 2013,
186 were reported dead, 11 were missing, and 583 people were injured.
Aside from these, 50,000 houses and other private structures, more or
less, were damaged, billions worth of public infrastructures were
destroyed or damaged.

It is reported that this earthquake was the deadliest in the
Philippines in 23 years, the energy of which was equivalent to 32
Hiroshima bombs.


States of calamity were already issued by Bohol and Cebu
provincial governments. Government offices also responded
immediately to provide assistance to the victims of this catastrophic
incident and expressed commitment to rehabilitate the heritage churches
and other historical landmarks in Central Visayas.

However, said efforts coming from various agencies will not be
sufficient for the immediate relief of the victims in those communities
which suffered heavy losses and the short and long termed
rehabilitation and reconstruction of various infrastructures that were
destroyed from the earthquakes and their aftershocks.

The National Government must and should pour in such
additional funds as would be necessary to augment the available
resources of the primary agencies involved in helping Central Visayas
recover from the recent natural disaster.

In view of the urgency of this bill and the welfare of the citizens of
Central Visayas, the passage of this measure is earnestly requested.

GLORIA MA‘ AGAL ARROYO UME dormer

2n4 District, Pampanga 1* District, Leyte

L
PHILIP A. PI ay.
2nd District, Surigao del Sur



Jona ‘HAN DELA CRUZ ALE C Sanz
ABAKADA-GURO Party List 3rd/Distri juezon

VICTOR ans a IRTEGA

1st District, La Union

L MERCADO -REVILLA TOBY M. TIANGCO

2nd District, Cavite Lone District, Navotas City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No._3236

“AN ACT APPROPRIATING THE SUM OF TWENTY FIVE BILLION
PESOS FOR THE AID, RELIEF, REHABILITATION AND
LIVELIHOOD SERVICES AS WELL AS INFRASTRUCTURE
SUPPORT FOR THE VICTIMS OF THE EARTHQUAKES OF
OCTOBER 15, 2013 AND ITS AFTERSHOCKS, CREATING THE
VISAYAS EARTHQUAKE ASSISTANCE AND DEVELOPMENT
COMMISSION AND FOR OTHER PURPOSES”

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

SECTION 1. Short title. - This act shall be known as the “Visayas
Earthquake Assistance and Development Fund.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy
of the State to assist the victims in the communities damaged or
destroyed or adversely affected by the earthquakes of October 15, 2013
by extending to them adequate aid, relief, rehabilitation or repair and
reconstruction of infrastructure to the end that life may return to the
normalcy at the earliest possible time and the development of Visayas
may be accelerated.

Countless individuals, organizations and financial institutions
here and abroad, as well as foreign governments, have spontaneously
and unselfishly contributed their time, effort and resources which the
State acknowledges with gratitude.


SECTION 3. Statement of Objectives and Guidelines. - This Act is
intended to help the victims of the Visayas earthquakes of October 15,
2013 and its aftereffects. It aims to provide additional funds for the
immediate relief of the victims; to provide livelihood and employment
opportunities; to repair, reconstruct or replace government
infrastructure damaged or destroyed by said disaster whenever
economically, socially and technically advisable; and to construct new
infrastructure facilities and housing projects needed by the community.

The term "victims" when used for purposes of this Act refers to the
following:

(a) Individuals who have died or disappeared as a result of the
aforementioned earthquakes;

(b) Individuals who were displaced and/or who sustained injury
or suffered death in the family as a result of the aforementioned
earthquakes who need and deserve assistance; and

(c) Individuals whose homes have been or are threatened to be
destroyed or rendered uninhabitable and those who have lost
permanently their livelihood as a direct result of the Visayas
earthquakes who similarly need and deserve assistance.

SECTION 4. Guidelines in the Allocation of Funds. - The government
funds and resources herein appropriated shall be spent judiciously and
effectively in consonance with the principle of providing the greatest
good for the greatest number. Accordingly, the following guidelines
shall be observed in allocating the funds made available under this Act:

(a) In the construction or repair and reconstruction of government
infrastructure and facilities, priority shall be given to homesites,
townsites and such other projects as river system and drainage works,
roads, bridges, communication and power lines, hospitals, school
buildings,irrigation and water systems, and the like;

(b) Aid, relief, rehabilitation and livelihood services shall be
equitably extended to all victims, irrespective of political or party
affiliation, sex, creed, religious belief, or ethnic origin, giving emphasis
to livelihood and employment opportunities;


() No money shall be released without any identified program
and project nor shall it be used to pay obligations incurred before the
approval of this Act.

SECTION 5. Appropriations Clause. - To carry out the purposes of
this Act, the sum of Twenty Five billion pesos (P25,000,000,000) is hereby
appropriated out of any available funds in the National Treasury not
otherwise appropriated.

Disbursement of said Twenty Five billion pesos (P25,000,000,000)
shall be programmed as follows:

(a) From the approval of this Act to December 31, 2013, the sum of
Sixteen billion pesos (P16,000,000,000), at least Ten billion pesos
(10,000,000,000) of which shall be for livelihood projects and Six billion
pesos (P6,000,000,000) shall be for vital infrastructure;

(b) For the year 2014, the sum of Six billion pesos (P6,000,000,000);
and

(©) For the year 2015, the sum of Three billion pesos
(P3,000,000,000).

Provided, however, that undisbursed amounts at the end of any
year shall be carried over to the succeeding year.

SECTION 6. Creation of the Visayas Earthquake Assistance and
Development Commission. - For purposes of this Act, there is hereby
created the Visayas Earthquake Assistance and Development
Commission, hereinafter referred to as the Commission.

It shall be organized within thirty (30) days after the approval of
this Act. It shall have a term of six (6) years from its organization:
provided, that the President by proclamation may, within six (6) months
prior to the expiration of the term, extend the period of its existence once
for not more than three (3) years.


Such amount as may be necessary for the initial organization
and/or operational expenses of the Commission shall be set aside from
the amount herein appropriated.

For administrative purposes, the Commission shall be attached to
the Office of the President.

SECTION 7. Powers of the Commission. - To carry out its objectives
under this Act, the Commission shall have the followingpowers:

(a) To formulate policies and plans for the relief, rehabilitation and
livelihood services as well as infrastructure support in harmony with the
other plans and policies of the National Government and other agencies;

() To prioritize and coordinate the implementation of the various
programs and projects of the Commission;

(c) To sue and be sued in its name, and to adopt, alter and use a
seal;

(a) To enter into, make, perform and carry out contracts of every
class, kind and description which are necessary to the realization of its
purposes with any person, firm or corporation, private or public, and,
upon consultation with the President, with foreign government entities,
subject to the usual accounting and auditing requirements;

(c) To apply for, receive and accept grants and donation of funds,
equipment, materials and services needed for the development of the
area, within and outside the Philippines;

(8 To monitor the progress of the relief, rehabilitation and
livelihood as well as infrastructure support programs and projects;

(g) To coordinate and consult with concerned national and local
officials in the prioritization and prosecution of the programs and
projects;

(h) To call upon any department, office, instrumentality, agency,
or any political subdivision of the Government for such assistance as


may be necessary for the attainment of the objectives of the Commission;
and

(i) In general, to perform such other powers as may be necessary
and proper to carry out the purposes of this Act.

SECTION 8. Composition of the Commission. - The Commission
shall be composed of nine (9) members: six (6) coming from the public
sector, namely, the Secretaries of the Department of Public Works and
Highways, Department of Tourism, Department of Environment and
Natural Resources, Department of Agriculture, the General Manager of
National Housing Authority and the Commissioner of the National
Commission of Culture and Arts, and three (3) from the private sector to
be appointed by the President who shall serve for six (6) years unless
sooner removed for cause. The President shall designate from among the
members of the Cabinet to be the Chairman thereof.

SECTION 9. Executive Director; Powers and Responsibilities. - The
President shall appoint a professional manager as the Executive Director
of the Commission with compensation to be determined by the
Commission, who shall serve as the chief executive officer. He shall
serve until such time as the Commissionis dissolved or unless sooner
removed from office by the President. He shall have the following
powers and functions:

(a) Execute and administer the policies and decisions ofthe
Commission;

(b) Directly coordinate the activities of all agencies and
instrumentalities of the Government in the planning and
implementation of projects on site;

(©) Monitor the programs and projects and evaluate the effects of
execution by these agencies and instrumentalities and submit to the
Commission periodic reports relating to the development of the areas;
and

(d) Perform such other functions as are inherently necessary in the
operational management of the areas developed in accordance with the
policies and guidelines formulated by the Commission.


SECTION 10. Implementation. - The survey, construction or repair
and reconstruction of damaged, destroyed, required oralternate
government infrastructure and facilities shall be undertaken by the
implementing government agencies concerned by public bidding,
administration or through negotiated contracts, subject to the usual
accounting and auditing rules and regulations. However, in case of
negotiated contracts, only duly prequalified and duly licensed
contractors as of the approval of this Act can be awarded such contracts.
Whenever suitable, labor-based technology shall be used in the
implementation of the programsand projects.

With respect to aid, relief, rehabilitation andlivelihood services to
individual beneficiaries, the Commission may seek the assistance and
use the services of the Philippine National Red Cross and all other relief
agencies and volunteer organizations with proven record in providing
relief work.

The departments and agencies of the Government involved with
the aid, relief, rehabilitation and livelihood services as well as
infrastructure support shall continue to be the implementing agencies of
the Commission and shall submit to the Commission every quarter the
data and information required under Section 12 hereof.

SECTION 11. Preference for Local Residents. - Residents in the
affected areas, especially the victims, shall be given preferencein hiring
or employment in the construction or repair and reconstruction of
damaged or destroyed government infrastructure and facilities and
other labor requirements in all other projects.

SECTION 12. Report to Congress. - The Commission shall submit to
the President and to Congress a detailed quarterly report on the funds
allocated indicating the amount released, obligatedand disbursed for:

(a) Aid, relief, rehabilitation and livelihood services, including the
list of names of approved individual beneficiaries and contractors and
the evaluation of the effectiveness of the delivery systems of such
services; and


(b) Construction or repair and reconstruction of infrastructure
projects, including the list of contractors and projects being financed,
and the accomplishments for the expended appropriations, including
the percentage of completion.

The Commission shall cause to be disseminated in the community
the list of beneficiaries and contractors mentioned above.

The Commission shall also submit as part of the quarterly report a
list of local and foreign donors and the nature of their donations.

SECTION 13. Joint Congressional Oversight Committee. - There is
hereby created the Joint Congressional Oversight Committee to monitor
the implementation of this Act. The Committee shall be composed of
five (5) senators and five (5) representatives to be appointed by the
Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by a senator
and a representative designated by the Senate President and the Speaker
of the House of Representatives, respectively.

The mandate given to the Joint Congressional Oversight
Committee under this Act shall be without prejudice to the performance
of the duties and functions by the respective existing oversight
committees of the Senate and the House of Representatives.

SECTION 14. Prohibition against Running for Public Office. - An
officer or employee of the Commission shall not be qualified to be a
candidate for public office for the election next following his resignation
or separation. This prohibition does not apply to the Chairman and
members of the Commission.

SECTION 15. Punishable Acts. - Any person who takes advantage
of the calamity by buying and selling relief goods which he knows or
should be known to him as intended for donation, or misrepresenting
and/or mislabelling the source of relief goods, or submitting or
approving a false or inflated claim shall be prosecuted and, upon
conviction, suffer a fine of not less than Fifty thousand pesos (P50,000)
nor more than One million pesos (P1,000,000) or imprisonment for not
less than six (6) years nor more than fifteen (15) years, or both, at the
discretion of the court, including perpetual disqualification from public


office if he is a public officer, and confiscation or forfeiture in favor of
the Government of any prohibited interest. 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 and, if
such officer is an alien, he shall, in addition to the penalties prescribed,
be deported without further proceedings after service of sentence.

SECTION 16. Rules and Regulations. - The President shall, within
ten (10) days after the organization of the Commission, issue the
necessary rules and regulations for the effective implementation of this
Act.

SECTION 17. Separability Clause. - If any provision of this Act shall
be held unconstitutional or invalid, the other provisions not otherwise
affected shall remain in full force and effect.

SECTION 18. Repealing Clause. - Any law, decree, or rules and
regulations which are inconsistent with or contrary to the provisions of

this Act are hereby amended or repealed.

SECTION 19. Effectivity Clause. - This Act shall take effect upon its
publication in at least two (2) national newspapers of general circulation.

APPROVED,