SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
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f ; r '
r t n r p
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AUG 1 5  
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S E N A T E
S.B. No. 
1553
R £C £ ;v ,;j £
Introduced by Senator JOSEPH VICTOR G. EJERCITO
AN ACT
CREATING THE DEPARTMENT OF DISASTER AND EMERGENCY 
MANAGEMENT, 
DEFINING 
ITS 
POWERS 
AND 
FUNCTIONS, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Tlie Philippines is highly vulnerable to natural disasters due to its 
geographical location and physical environment. Being situated along the 
Pacific Ring of Fire, it is prone to occurrences of eartliquakes, tsunamis and 
volcanic eruptions. In a year, the country is also hit by an average of twenty 
(20) typhoons, five of wliich is destructive, due to its being situated along the 
Pacific Typhoon Belt.1
The 2016 World Risk Report published by the United Nations University 
Institute of Environment and Human Security (UNU-EHS) also revealed that 
the Philippines ranked third in the most disaster-prone countries in tlie world 
with a Risk Index of 26.70 percent. Only Vanuatu and Tonga, which are both 
located in the Southern Pacific Ocean, had a higher Risk Index than the 
Philippines in 2016 with scores of 36.28 and 29.33 percent, respectively.2
In terms of the socioeconomic damage, a report cited that in the last ten years, 
(2007-2016), the estimated damage amounts to US$19.16 Billion.3
The extent of destruction to the country poses a very serious challenge to the 
government in terms of protecting its people and equipping its agencies and
1 http://www.adrc.asia/nationinformation. php?NationCode=608
2 http://www senate.gov.ph/publications/SEPO/PB Examining%20PH%20DRRM° o20System_Revised_27Ju 
ne2017.pdf
3 Ibid.


subdivisions to respond promptly and efficiently to the effects of disasters and 
emergencies.
The experience of the Philippines in 2013 when the country was struck with 
super typhoon Yolanda exposes the gaps in the policies of the government in 
terms of disaster preparedness, mitigation, response and rehabilitation. The 
disaster left the economy with 7,750 deatlis and damages amounting to 
US$12.42 billion.4
This measure proposes the creation of a separate department as focal agency 
for 
disaster and 
emergency 
management 
which includes 
disaster 
preparedness, response and mitigation, and risk reduction called the 
Department of Disaster and Emergency Management. It shall consolidate and 
assume the functions of the Office of Civil Defense and the National Disaster 
Risk Reduction and Management Offices, in addition to its vital functions 
under the proposed measure.
The Department shall also lead in consolidating and integrating the relief and 
rehabilitation efforts of the government and shall strengthen the capacity of 
the local government units in responding to disasters and emergencies.
It also mandates the Department to set-up permanent and typhoon-resilient 
evacuation centers and facilities and consolidate the existing evacuation 
infrastructures in the country.
Through the creation of a single department in-charge of managing the effects 
of disasters and emergencies as well as the preparation and mitigation phases, 
effective processes, and policies shall be developed and a sustainable 
resources and accountability are likewise established.
Toward this end, tlie immediate passage of this bill is earnestly sought
JOSEPH VICTOR G. EJERCITO
4 Ibid


SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
S E N A T E
S.B. No. 
1553
A 
,
ir.nrf
RECi
'17 AUG 15 P5 54
Ei\/i:iJc' 
_______
Introduced by Senator JOSEPH VICTOR G. EJERCITO
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AN ACT
CREATING THE DEPARTMENT OF DISASTER AND EMERGENCY 
MANAGEMENT, 
DEFINING 
ITS 
POWERS 
AND 
FUNCTIONS, 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
SECTION 1. Short Title. - Tliis Act shall be known as the "Department of 
Disaster and Emergency Management Act of 2017."
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State:.
a. To uphold the sacredness and dignity of human life by efficiently 
and effectively addressing humanitarian emergencies, including 
calamities and disasters, through the establishment of a focused, 
streamlined, independent, empowered, capacitated, full-time, 
specialized agency on disaster risk reduction and management as 
well as emergency response, which is national in scope and civilian 
in character. The people are the most important assets of the nation, 
and all disaster risk reduction and management efforts shall be 
responsive to the humanitarian needs of tlie people, the dignity and 
value of the human person, and respect for property;
b. To promote a simplified, strategic, systematic, continuous, 
comprehensive, inclusive, and integrated approach to disaster risk 
reduction and management, with the end in view of substantially 
reducing vulnerabilities and the risk of disasters and other 
humanitarian emergencies, towards the presei'vation of life and


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property, thereby ultimately preventing or deterring the loss of lives 
and the social, economic, cultural, and environmental assets of the 
country;.
c. To 
establish 
a 
permanent, 
institutionalized, 
cohesive 
and 
comprehensive framework for disaster preparedness, prevention 
and mitigation, and response, to be implemented by a full-time and 
focused specialized agency with its own mandate, powers, and 
funding, in coordination and with the participation of the Philippine 
government, other foreign governments and financial institutions, 
international organizations, the private sector, and civil society.
In disaster risk reduction and management, disaster 
prevention and mitigation shall, first of all, aim the outfight 
avoidance of the adverse impacts of hazards and related disasters. 
However, with the knowledge and capacities to effectively anticipate, 
respond to, and recover from, the impacts of likely, imminent or 
current hazard events or conditions, preparedness action shall be 
carried out in the most effective and efficient manner. In a disaster 
scenario, the response shall ensure the provision of emergency 
seiwices and public assistance, before, during or immediately after, a 
disaster;
d. To create an integrated, systematic, comprehensive, and cohesive 
plan to simplify, streamline, integrate, and coordinate the various 
programs, projects, and activities of the Government and such other 
actors/stakeholders in disaster risk reduction and management to 
ensure accountability, responsibility, and transparency, as well as to 
achieve efficiency and effectiveness of in the performance of their 
functions.
SEC. 3. Definition of Terms. - For purposes of this Act, the following shall 
refer to:
a. Contingency Plaiming - 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;
b. Disaster - a serious disruption of the functioning of a community or 
a society involving widespread human, material, economic or


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environmental losses and impacts, which exceeds the ability of the 
affected community or society to cope using its own resources;
c. Disaster and Emergency Management - the organization and 
management of resources and responsibilities for addressing all 
aspects of disasters and emergencies, in particular preparedness, 
response and initial recovery steps;
d. Emergency - any occasion or instance for which, in the 
determination of the President, national assistance is needed to 
supplement local government efforts and capabilities to save lives 
and to protect property and public health and safety, or to lessen or 
avert the threat of a catastrophe in any part of the country;
e. Evacuation Centers and Facilities - permanent and typhoon- 
resilient structures equipped with facilities constructed exclusively 
for evacuation and humanitarian relief operations during disasters 
and emergencies.
f. Geographic Information System - a database which contains, 
among others, geohazard assessments, information on climate 
change, and climate risk reduction and management;
g. Government - includes the National Government, and any of its 
subdivisions, agencies or instrumentalities, including government- 
owned and controlled corporations and tlieir subsidiaries, and Local 
Government Units;
h. Hazard - a dangerous phenomenon, substance, human activity or 
condition that may cause loss of life, injury or other health impacts, 
property damage, loss of livelihood and services, social and 
economic disruption, or environmental damage;
i. Humanitarian - one devoted to the promotion of human welfare and 
tlie advancement of social reform;
j. Response - any and all projects, programs, plans, and activities 
pertaining to act on or inaction to prevent/ mitigate, prepare for, 
and generally perform any and all activities in relation to, disasters 
and other humanitarian emergencies. This includes, but is not 
limited to, the provision of emergency services and public assistance 
during or immediately after a disaster. Disaster response that is


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predominantly focused on immediate and short-term needs and is 
sometimes called "disaster relief"; and
State of Calamity - a condition involving mass casualty and/or 
major damages to property, disruption of means of livelihoods, 
roads and normal way of life of people in the affected areas as a 
result of the occurrence of natural or human-induced hazard.
Chapter 1
THE DEPARTMENT PROPER
SEC. 4. Department of Disaster and Emergency Management. - To carry out 
the above-declared policy, there is hereby created tlie Department of Disaster 
and Emergency Management, hereinafter referred to as the Department, 
which shall prepare, integrate, coordinate, implement, supervise, control, 
monitor, and evaluate all plans, programs, projects, and activities of the 
Government on humanitarian emergency assistance and disaster risk 
reduction and management.
SEC. 5. Powers and Functions. - In addition to the powers and functions 
provided by this Act, the Department shall also assume the policy-making, 
coordination, integration, supeiwision, monitoring and evaluation functions 
currently lodged with the existing National Disaster Risk Reduction and 
Management Council (NDRRMC), and shall take over all of the latter's 
responsibilities enumerated in Section 6 of Republic Act No. 10121. It shall 
also assume the powers and functions of the Office of the Civil Defense (OCD) 
as enumerated in Section 9 of Republic Act No. 10121.
To this end, all references to the powers and functions of the NDRMMC 
and the OCD in Republic Act No. 10121 shall be understood to refer to the 
Department created under this Act.
The Department shall also have administrative supervision and control 
over the existing Regional Disaster Risk Reduction and Management Offices 
(RDRRMOs), and the Local Disaster Risk Reduction and Management Offices 
(LDRRMOs), organized in all provinces, cities/municipalities and barangays 
in the country, which are hereby thereafter called Regional Disaster and 
Emergency Management Offices (RDEMOs) and Local Disaster and 
Emergency Management Offices (LDEMOs), respectively.


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The Department shall also cause the identification, establishment and 
maintenance of permanent evacuation centers and facilities in priority cities 
and municipalities.
SEC. 6. Composition. - The Department Proper shall be composed of the 
Office of tlie Secretary and the Offices of the Undersecretaries and Assistant 
Secretaries, and the bureaus and services of the Department as well as 
Regional and Local Offices.
The Provincial, City, Municipal, and Barangay Disaster and Emergency 
Management Offices and Rescue Teams shall be under the control and 
supervision of their respective local government units. The Department shall 
exercise supervisory powers over such offices.
SEC. 7. Office of the Secretary. - The Office of the Secretary shall be consist of 
the Secretary and his/her immediate staff.
SEC. 8. The Secretary. - The Secretaiy shall be appointed by the President, 
subject to confirmation by the Commission on Appointments.
The Secretary shall have the following powers and functions;
a. Advise the President in issuing executive orders, regulations, 
proclamations and other issuances, the promulgation of which is 
expressly vested by law in the President relative to matters under the 
jurisdiction of the Department;
b. Establish the policies and standards for the effective, efficient, and 
economical operation of the Department pursuant to a national 
disaster risk reduction and management framework which shall 
provide for a comprehensive, all-hazards, multi-sectoral. Inter­
agency and community-based approach to humanitarian emergency 
assistance and disaster risk reduction and management, in line with 
Section 6(a) of the Pliilippine Disaster Risk Reduction and 
Management Act of 2010;
c. Promulgate rules and regulations necessary to carry out department 
objectives, policies, functions, plans, programs, and projects;
d. Promulgate administrative issuances necessary for the efficient 
administration of the offices under his/her jurisdiction and for the 
proper execution of the laws relative thereto;


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e. Exercise direct supervision and control over all functions and 
activities of the Department, as well as all its officers and personnel;
f. Create regional offices and such other service units and divisions, as 
may be necessary; and
g. Perform such other functions as may be necessary and/or proper to 
attain tlie objectives of this Act.
SEC. 9. The Undersecretaries. - The Secretary shall be assisted by three (3) 
Undersecretaries in the performance of the Department's functions and duties 
related to the pillars of disaster risk reduction and management, namely, (a) 
disaster preparedness, (b) disaster response, and (c) disaster prevention and 
mitigation. Another undersecretary shall be in charge of administrative and 
finance services.
The Undersecretaries shall be appointed by the President upon the 
recommendation of the Secretary. They shall have the powers and functions, 
as provided for in Section 10, Chapter 2, Book IV of the Administrative Code 
of 1987, relative to tlie scope of tlieir responsibilities as provided above.
The Office of the Undersecretaries shall consist of the Undersecretaries 
and their respective immediate staff.
SEC. 10. Assistant Secretaries. - The Secretary shall also be assisted by three 
(3) Assistant Secretaries, one (1) for training, one (1) for operations, and one 
(1) for legal affairs. The Assistant Secretaries shall be appointed by the 
President upon the recommendation of the Secretary.
SEC. 11. Qualifications. - No person shall be appointed Secretary, 
Undersecretary, or Assistant Secretary of the Department, unless he/she is a 
citizen and resident of tlie Pliilippines, of good moral character, and of proven 
experience or competence/ expertise in humanitarian emergency assistance 
and disaster management over the course of his/her career. The Secretary, 
Undersecretary, or Assistant Secretary shall not hold any other position, 
public or private, during his/her tenure.
SEC. 12. Bureaus and Service. - Subject to the power of the Secretary, with the 
approval of the President, to reorganize, restructure, and redefine the 
functions of the bureaus and services for the effective discharge of the powers 
and functions of the Department under this Act, the Department shall have 
the following bureaus and service:


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a. Bureau of Hazard Education and Risk Mitigation;
b. Bureau of Disaster Preparedness;
c. Bureau of Humanitarian Emergency Relief Operations; and.
d. Bureau of Administration and Finance.
SEC. 13. Powers and Functions of the Bureaus and Service. - The bureaus 
and service shall have the following powers and functions;
a. The Bureau of Hazard Education and Risk Mitigation shall assist the 
Secretary in the formulation of policies, programs, and plans related 
to disaster prevention and mitigation, as defined in Sections 2(k) and 
2(i), respectively, of tlie Philippine Disaster Risk Reduction and 
Management Act of 2010. In particular, it shall take the lead in:.
1. Making an inventoiy and checklist of all personnel, equipment, 
and supplies critical during disasters in all local government 
units, in accordance with protocols and contingency plans, 
and endeavoring that the same be provided to the local 
government unit witliin a period of twelve (12) months upon 
the passage into law of this Act;
2. Conducting a review of the National Building Code and Fire 
Code of the Philippines, together with the relevant 
government department, and submitting the results thereof to 
the Senate and House of Representatives of the Philippines, 
with a view of developing legislation which seeks to 
strengthen infrastructure In line with disaster prevention and 
mitigation;
3. Developing, updating, and maintaining a national geographic 
information system which shall be the basis of national, 
regional, and local disaster protocols and contingency plans, 
which shall be under the control and custody of the 
Department. The same shall also be maintained at all local 
government units, as possible;
4. Mainstreaming and integrating disaster risk reduction and 
management (DRRM) and climate change adaptation (CCA) 
in all national, sectoral, regional and local development 
policies, plans and budgets, relating to environmental


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protection, including, but not limited to, those for land use 
and natural resource management, enforcement and updating 
of all national legislation relating to modification of 
infrastructure towards resiliency;.
5. Developing 
and 
implementing 
community-based 
and 
scientific DRRM and CCA hazard assessment, mapping, 
analysis, and monitoring;
6. Establishing disaster risk financing, insurance, and other risk 
transfer mechanisms at the community level;
7. Establishing, developing and Improving the end-to-end 
monitoring and forecasting of hazards, including early 
warning systems and practices; and
8. Such other functions relevant to its mandate of disaster 
prevention and mitigation.
b. The Bureau of Disaster Preparedness shall assist the Secretary in the 
formulation of policies, programs, and plans related to disaster 
preparedness, as defined in Section 20 of tlie Philippine Disaster Risk 
Reduction and Management Act of 2010. In particular, it shall take 
the lead in;
1. Developing 
DRRM 
and 
CCA 
information, 
communication and advocacy plans;
education.
2. Developing standard DRRM training modules and the 
conduct of trainings, simulation exercises, and other capacity­
building activities for communities and specific groups, 
including, but not limited to, quick respond teams, frontline 
government and private responders, and humanitarian aid 
workers;
3. Developing and monitoring the implementation of locality- 
based DRRM contingency plans, and establishing/ monitoring 
the operations of national and local Emergency Response 
Operation Centers;
4. Developing and implementing comprehensive, scenario-based 
national and local preparedness policies, plans and systems, in 
primary coordination with the local governnient unit/s


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concerned, in the wake of an imminent humanitarian 
emergency and/or disaster. Such policies, plans, and systems 
include, but are not limited to, preventive evacuation, tlie 
procurement of facilities, equipment, tools, systems and other 
mechanisms to cope with the effects thereof; the deployment 
of essential personnel and manpower in critical areas of 
concern; and the formulation of such other courses of action to 
avert tlie loss of lives, livelihood and/or property;
5. Strengthening the partnership and coordination between and 
among all key players and stakeholders in a humanitarian 
emergency and/or disaster;
6. Preparing the criteria and procedure for the enlistment of 
accredited community disaster volunteers (ACDVs), and the 
drafting of a manual of operations for ACDVs, in consultation 
with relevant stakeholders; and
7. Such other functions relevant to its mandate of disaster 
preparedness.
c. The Bureau of Humanitarian Emergency Relief Operations shall 
assist the Secretary in the formulation and implementation of 
policies, programs, and plans related to disaster response, as defined 
in Section 2(1) of the Philippine Disaster Risk Reduction and 
Management Act of 2010. In particular, it shall take the lead in the 
following activities, in primary coordination with the local 
government unit/s concerned:
1. Establisliing and implementing a comprehensive, well- 
coordinated, effective, and efficient Disaster Response Action 
Plan (DRAP) for every humanitarian emergency of disaster, 
with the primary goal of preventing or deterring the loss of 
lives, property and livelihood;
2. Developing and implementing an integrated and coordinated 
system of search, rescue and retrieval (SRR), and evacuations 
procedure;
3. Establishing a mechanism to ensure the prompt and accurate 
assessment of damage in disaster areas, including, but not 
limited to, the loss of lives, bodily injuries, damages to


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infrastructure and public facilities, and the destruction of 
social, economic, cultural, and environmental assets;
4. Establishing a mechanism to ensure the prompt and accurate 
assessment of humanitarian needs in disaster areas, including, 
but not limited to, food, nutrition, health, clothing, shelter, 
livelihoods, water, sanitation, hygiene, protection, and the 
preseiwation of peace and order;
5. Identifying standard-based relief shelters and sites for 
internally displaced persons, as well as developing and 
implementing of a set of minimum standards for such 
temporary shelters;
6. Identifying priority cities and municipalities where the 
permanent Evacuation Centers and Facilities shall be 
established and recommending the need to establish the same 
in other local government units;
7. Consolidating the established evacuation centers in the local 
government units and formulating a standard operating 
procedure in maintaining these evacuation centers and 
ensuring their functionality and operationality in times of 
disasters and emergencies;
8. Supplementing the efforts of the local government unit 
concerned in providing basic social services, livelihood- 
oriented activities and psychosocial interventions to the 
affected population, whether inside or outside temporaiy 
shelters; and
9. Such other functions relevant to its mandate of disaster 
response.
In case there is total or considerable breakdown of authority 
resulting from the humanitarian emergency or disaster, which 
requires response that goes beyond the mandate or capacity of the 
local government unit/s concerned, the Bureau shall, with prior 
authorization from the Department, directly formulate, implement, 
manage and coordinate all disaster response activities. In sucli case, 
the Department shall be possessed with the power to call upon other 
agencies and instrumentalities of government, and neighboring local 
government units, to augment, supplement and/or implement
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disaster response efforts. Further, the authority of the Bureau shall 
be provided, described, and limited in the authorization.
d. The Bureau of Administration and Finance shall be composed of tlie 
Office of the Legal Counsel and the Financial and Management 
Office. The Office of the Legal Counsel shall be responsible for 
providing legal sei"vices and advice on all policies, programs, and 
operational matters of the Department. It shall provide legal 
counseliiag seivices in cases where the Department is a party and 
shall also handle administrative cases against any personnel of the 
Department and submit recommendations pertaining thereto.
The Financial and Management Office, which shall consist of 
the Human Resources Management Division, General Services 
Division, and the Finance Division, shall be responsible for 
providing the Department with services relative to personnel 
information, 
records, 
supplies, 
equipment, 
collection 
and 
disbursements, security, and custodial work. It shall also be 
responsible for providing the Department with staff advice and 
assistance on budgetary, financial, and management improvement 
matters.
Chapter 2
ATTACHED AGENCIES AND COORDINATION WITH 
OTHER GOVERNMENT DEPARTMENTS
SEC. 14. The Disaster and Emergency Management Coordinating Coimcil. - 
There shall be a National Coordinating Council, hereinafter referred to as the 
Council, which shall coordinate and integrate the efforts of the concerned 
government 
agencies 
and 
offices, 
nongovernmental 
and 
people's 
organizations, and assist the Department in the delivery of quick and efficient 
humanitarian relief operation among others in times of disasters and 
emergencies.
The National Disaster Risk Reduction and Management Council 
(NDRRMC) referred to in Section 5 of the Philippine Disaster Risk Reduction 
and Management Act of 2010 shall compose the Council and shall be headed 
by the Secretary of Department of Disaster and Emergency Management.
The Secretary is hereby empowered to constitute, call, convene, meet 
with, and/or deputize agencies of government, or an aggrupation or cluster 
thereof, to assist, advise or otherwise coordinate with the Secretary. Tlie
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representatives from tlie civil society/non-governmental organizations and 
the private sector may also be included, as necessary, as members of the 
coordination mechanism called for by the Secretary.
SEC. 15. Relationship and Coordination with Other Government 
Departments. - In the discharge of their respective responsibilities, the 
Department's bureaus shall coordinate with the relevant Government 
departments, agencies, offices and instrumentalities, those powers and 
functions are relevant to each bureau's respective focus area.
SEC. 16. Attached Agencies. - The Pliilippine Atmospheric, Geophysical and 
Astronomical Services Administration (PAG-ASA) and tlie Pliilippine 
Institute of Volcanology and Seismology (PHIVOLCS) are hereby placed 
under the supervision of the Department; Provided, however, that they shall 
continue to perform tlieir respective functions as provided by law.
Chapter 3
THE HUMANITARIAN EMERGENCY ASSISTANCE 
AND DISASTER FUND, DONATIONS, AND ACCOUNTABILITY
SEC. 17. Humanitarian Emergency Assistance and Disaster Fund (Calamity 
Fund). — At least one percent (1%) of the estimated revenue from regular 
sources of government, or Twenty Billion Pesos (Php20,000,000,000.00), 
wliichever is liigher, shall be set aside as an annual lump sum appropriation 
for unforeseen expenditures arising from the occurrence of calamities; 
Provided, however, that such appropriation shall be used only in the area, or 
a portion thereof, of the country declared as in a state of calamity.
The present National Disaster Risk Reduction and Management Fund 
(NDRRMF) and the Local Disaster Risk Reduction and Management Fund 
(LDRRMF) shall henceforth be known as the Humanitarian Emergency 
Assistance and Disaster Fund (HEAD Fund) and Local Humanitarian 
Emergency Assistance and Disaster Fund (Local HEAD Fund), respectively.
The Department shall manage, mobilize, and with tlie approval of the 
President, release resources for disaster risk reduction and management, 
including the funds herein provided for. It shall also monitor and provide the 
necessary guidelines and procedures for the release, utilization, accounting, 
and auditing of the Local HEAD Fund.
12


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There shall also be created a regular fund for the personnel, resource 
requirements, and other administrative costs related to the operations of the 
Department.
SEC. 18. Donations. - All monetary contributions, and donations in kind, 
including, but not limited to, equipment, food, clothing, medicine, and related 
supplies from international and local sources, shall be coordinated with the 
Department. This central coordination mechanism would ensure that the 
same are equitably and properly allocated and utilized, directly and solely/ 
exclusively for disaster risk reduction and management efforts.
The Department shall maintain and make publicly available a complete, 
accurate, timely, and separate record of such donations, indicating the 
particular areas where such were allocated, and the exact purposes for which 
the same were utilized.
SEC. 19. Accountability, Responsibility, Transparency, and Access to 
Information. - The Department and all regional and local councils and offices 
under its supervision or control, shall make available to the public for scrutiny, 
copying, and reproduction, (i) any and all records of their financial 
transactions, including, but not limited to, donations received, funds allocated, 
and amounts disbursed; (ii) all information pertaining to their official acts, 
transactions or decisions; and (iii) relevant research data used as basis for 
policy development, regardless of the physical form or format in which such 
record, information, or data is contained.
The Department and the LGUs concerned shall also upload such 
records, information or data on their website.s, which shall be regularly 
updated every fifteen (15) days. In case of voluminous records, information or 
data, the Department and/or local government units concerned may, in 
its/their discretion, upload only an executive summary' thereof, with a note 
outlining the procedure/requirements to obtaiii full access to tlie complete 
record, information, or data.
The record, information, or data uploaded in the websites may be 
withdrawn after a period of three (3) years from the time of uploading; 
Provided, that an abstract thereof shall remain uploaded in the website, with 
an indication of the dates of posting and withdrawal, and a note outlining the 
procedure/requirements to obtain access to the withdrawn record, 
information, or data.
C h a p te r 4
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ESTABLISHMENT OF PERMANENT AND TYPHOON-RESILIENT 
EVACUATION CENTERS AND FACILITIES
SEC. 20. Establishment of Evacuation Centers and Facilities. - There shall be 
established permanent and typhoon-resilient Evacuation Centers and 
Facilities (ECF) in priority municipalities and cities identified by the 
Department in coordination with the Department of Environment and 
Natural Resources, the Department of the Interior and Local Government 
(DILG) and local government units. Tliis shall form part of the national 
disaster risk reduction and management framework.
The established evacuation centers prior to this Act shall be 
consolidated and shall form part of the directory of ECFs under the control of 
the Department.
SEC. 21. Administration. - The Regional Disaster and Emergency 
Management Offices (RDEMOs), under the supervision of the Bureau 
concerned, shall lead the management, maintenance, and operation of the 
newly established and existing ECFs.
The local government units through their Local Disaster and 
Emergency Management Offices (LDEMOs) shall coordinate with the 
RDEMOs in tlie efficient utilization and operation of the ECFs in their 
respective jurisdiction.
Chapter 5
TRANSITORY PROVISIONS
SEC. 22. Abolition of the Office of Civil Defense; Transfer of Powers and 
Functions. - The Office of Civil Defense is hereby abolished, and its powers 
and functions are hereby transferred to the Department. The foregoing 
transfer of powers and functions shall include all applicable funds and 
appropriations, records, equipment, property, and personnel, as may be 
necessaiy.
The Department shall, by virtue of this Act, be subrogated to all tlie 
rights and assume all the liabilities of the Office of Civil Defense, and all other 
agencies, or government units whose functions and powers have been 
transferred to the Department, and all their funds, records, property, assets, 
equipment, and such personnel as necessary, including unexpended 
appropriations and/or allocations. All contracts and liabilities of the said 
offices, agencies, and government units are hereby transferred to and
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assumed by the Department and shall be acted upon in accordance with the 
Auditing Code and other pertinent laws, rules, and regulations; Provided, 
that the officers and employees of said offices, agencies, and government units 
shall continue in a holdover capacity until such time as the new officers and 
employees of the Department shall have been duly appointed pursuant to the 
provisions of this Act.
The same shall apply to agencies and government units which have not 
been abolished, but whose functions have been transferred to the Department.
SEC. 23. Structure and Staffing Pattern. - The organizational framework and 
staffing pattern of the Department shall be prescribed and approved by tlie 
Secretary within sixty (60) days after the approval of this Act and the 
authorized positions created therein shall be filled by regular appointments 
by the President or the Secretary as the case may be; Provided, that, in tlie 
filling of positions created, preference shall be given to the personnel of the 
Office of Civil Defense.
SEC. 24. Separation from Service. - Employees separated from the service as 
a result of this reorganization shall, within six (6) months from their 
separation from the service, receive the retirement benefits to which they may 
be entitled under existing laws, rules, and regulations.
SEC. 25. Appropriations. - The amount needed for the initial implementation 
of this act shall be taken from the current year's appropriations of the National 
Disaster Risk Reduction and Management Council, the Local Disaster Risk 
Reduction and Management Councils, and the Office of Civil Defense. 
Thereafter, the amount needed for the operation and maintenance of the 
Department and its Line Agencies shall be included in the annual General 
Appropriations Act.
Chapter 5
MISCELLANEOUS PROVISIONS
SEC. 26. Visitorial Powers. - The Secretary of the Department and/or his/her 
authorized representative shall have visitorial and examining autliority over 
governmental and non-governmental entities engaged in post-disaster relief 
in order to ensure that all donations, financial or otherwise, coursed through 
them, are actually used for disaster risk reduction and management efforts.
During such examination, the entity concerned shall produce all the 
reports, records, books of accounts, and other papers that may be required.
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The refusal by any such entity to allow an examination of its books of 
accounts and pertinent records, or the concealment of any material 
information concerning its financial status, shall constitute a legal ground for 
the cancellation of its registration, and the revocation of all tax-exemption 
privileges and other benefits granted to it by law, in the case of a non­
governmental entity, or the institution of any proper legal action against the 
erring official concerned, in case of a governmental entity.
SEC. 27. Stand-by Arrangements with the Private Sector. - At any time, the 
Secretary of the Department shall have tlie power to negotiate, enter into, 
institutionalize, and coordinate arrangements with any private person, natural 
or juridical, for the purpose of ensuring the adequate, prompt, and ready 
availability of all goods and services, necessary for disaster response, for as 
long as the emergency circumstances require, to be deployed before, during, 
and after an emergency or disaster, subject to the payment of just 
compensation in appropriate cases.
SEC. 28. Commandeering Private Property for Public Purpose. - The 
Secretary of the Department shall have the power to commandeer any private 
property for urgent public purpose, subject to payment of just compensation 
in appropriate cases, when there is a clear and present danger that a disaster 
or humanitarian emergency would cause imminent loss of lives and/or tlie 
massive destruction of property, and time is of the essence. The 
commandeering powers shall last no longer than necessary or for as long as 
the circumstances require.
The refusal by any such person or entity to bo commandeered, shall 
constitute a legal ground for the cancellation of its registration, if any, and the 
revocation of all tax-exemption privileges and other benefits granted to it by 
law, in tlie case of a non-govermnental entity, .or the institution of any proper 
legal action against the erring official concerned, in case of a governmental 
entity. In addition, the official of the establishment, institution, or 
functionality shall be subjected to a fine and/or imprisonment as provided for 
in Sec. 31 of this Act.
SEC. 29. Declaration of State of Calamity. - Whenever warranted by 
circumstances, the Department shall recommend to the President of the 
Philippines the declaration of a state of national calamity and the lifting 
thereof. It shall also have the power to, uiotii propria or upon the favorable 
recommendation of the LDRRMCs, declare a cluster of barangays, 
municipalities, cities, provinces, and regions under a state of calamity, and the 
lifting thereof, based on the criteria set by the Department. The President's
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declaration shall entail access to international humanitarian assistance, as 
deemed necessary.
The declaration and lifting of the state of calamity shall be based on the 
results of the damage assessment and needs analysis. The causes, effects and 
incidents of the calamity and the need for the declaration shall be specified.
SEC. 30. Emergency and Contingency Powers. - Whenever it becomes 
necessary, the Department Secretary, subject to the chain of command and 
with the consent of the President, may call out the Armed Forces of the 
Philippines and/or tlae Philippine National Police to prevent or suppress 
lawless violence, and to, ensure the protection and preservation of life and/ or 
properties, in the whole range of disaster risk reduction and management.
In times of disasters, and whenever warranted by the circumstances, the 
Department Secretary may call upon other instrumentalities or entities of the 
government and nongovernment and civic 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. Tliis autliority includes tlie power to call on the 
reserve force as defined in Republic Act No. 7077 to assist in rehef and rescue 
during disasters or calamities.
SEC. 31. Prohibited Acts. - In addition to the prohibited acts penalized under 
Section 20, in relation to Section 19, of the Philippine Disaster Risk Reduction 
and Management Act of 2010:
a. Any person, group or corporation who directly or indirectly requests or 
receives any part of the funds devoted to disaster risk reduction and 
management, as well as monetaiy contributions and donations in kind, 
where such person, group or corporation has no right to receive such 
proceeds from the fund, in whole or in part, monetary contribution or 
donation, shall be guilty of the crime of corruption of calamity funds or 
donations, and shall be prosecuted and upon conviction shall suffer a 
fine of not less than One Hundred Fifty Thousand Pesos (Php 
150,000.00) or any amount not to exceed One Million Five Hundred 
Thousand Pesos (Php 1,500,000.00) or Imprisonment of not less than 
twelve (12) years and one (1) day, nor more than twenty (20) years, or 
both, at the discretion of the court, including perpetual disqualification 
from public office if the offender is a public officer, and confiscation or 
forfeiture in favor of tlie government of the objects and the 
instrumentalities used in committing the herein prohibited act;
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b. Any person who, with intent to gain, but without violence against or 
intimidation of persons nor force upon tilings, shall take personal 
property devoted to any disaster risk reduction and management 
activity, without the consent of the Secretary, shall be guilty of the crime 
of qualified theft, and shall be prosecuted and upon conviction shall be 
punished by the penalties next higher by three degrees than those 
respectively specified in Article 309 of the Revised Penal Code;
c. Any public officer who, by reason of the duties of his office, is 
accountable for calamity funds or property devoted to disaster risk 
reduction and management efforts, shall appropriate the same or shall 
take or misappropriate or shall consent, tlii'ough abandonment or 
negligence, shall permit any other person to take such public funds, or 
property, wholly or partially, or shall otherwise be guilty of the 
misappropriation of malversation of such funds or property, shall be 
punished by the penalties next higher by three degrees than those 
respectively specified in Article 217 of the Revised Penal Code;
In all the above, if the offender is a corporation, partnership or 
association, or otlier juridical entity, the penalty shall be imposed upon 
tlie officer or officers of tlie corporation, partnership, association of 
entity responsible for the violation, without prejudice to the cancellation 
or revocation of these entitles license or accreditation issued to tliem by 
any licensing of 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.
The prosecution for the offenses shall be without prejudice to any 
liability for violation of Republic Act No. 3185, as amended, otherwise 
known as the Revised Penal Code, and other civil liabilities.
SEC. 32. Implementing Rules and Regulations. - The Department shall issue 
the necessary rules and regulations for the effective implementation of this 
Act within ninety (90) days after approval of this Act. The Secretary, in 
consultation with relevant government agencies and other key stakeholders, 
shall take the lead in the preparation of the implementing rules and 
regulations.
SEC. 33. Annual Report. - The Department shall submit to the Office of the 
President, tlie Senate, and tlie House of Representatives, within the first 
quarter of tlie succeeding year, an annual report relating to the progress of the 
implementation of all disaster risk reduction and management efforts, and a
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detailed inventory of available personnel, supplies and equipment. Such 
report shall be made available to the public for scrutiny, copying, and 
reproduction, and shall also be uploaded in the Department's website.
SEC. 34. Congressional Oversight Committee. - There is hereby created a 
Congressional 
Oversight 
Committee 
to 
monitor 
and 
oversee 
the 
implementation of the provisions of this Act. The Committee shall be 
composed of six (6) members from the Senate and six (6) members from the 
House of Representatives with the Qiairpersons of the Committees on 
National Defense and Security of botli 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.
SEC. 35. Sunset Review. - Within five (5) years after the effectivity of this Act, 
or as the need arises, the Congressional Oversight Committee shall conduct a 
systematic evaluation of the accomplishments and impact of this Act, as well 
as the performance and organizational structure of the Department, for 
purposes of determining remedial legislation.
SEC. 36. Repealing Clause. - All references to the NDRMMC in existing laws, 
including, but not limited to, the Philippine National Disaster Risk Reduction 
and Management Act of 2010, shall be understood to refer to the Department 
created under this Act.
All other laws, decrees, executive orders, proclamations, and other executive 
issuances which are inconsistent with or contraiy to the provisions of this Act 
are hereby amended or repealed accordingly.
SEC. 37. Separability Clause. - If any provision of this law is declared 
unconstitutional, the remaining provisions thereof not affected thereby shall 
remain in full force and effect.
SEC. 38. Effectivity. - Tliis Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) national newspapers of general 
circulation.
Approved,
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