REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 969

Introduced by MAGDALO Party List RepresentativesFranciscoAshley L. ‘Acedillo and
Gary C. Alejano

Explanatory Note

Our country is ravaged year after year by numerous emergencies of all sorts. From lahar flows
which devastated most parts of Luzon, volcanic eruptions, earthquakes and typhoons which
routinely pummel the country every year, to the disaster in Irosin, Sorsogon brought about by the
Mount Bulusan eruption, and the 2007 bombing in Glorietta 2. This just goes to show that
emergencies of one sort or another are a fact of life which will always pose challenges for us as a
nation.

The best we can do is to be prepared and to be on the lookout in order to prevent emergencies
from intensifYing into full-scale disasters. Through this piece of legislation, the undersigned
proposes the creation of a pennanent, full-time national agency under the Office of the President
to help the country plan and prepare for emergencies. It is proposed that this agency take over the
National Disaster Coordinating Council (NDCC) and undertake disaster mitigation and
preparedness measures as well as quick response mechanism which will allow us to reduce the
risks of disasters, mitigate possible damage to life and property, initiate rapid and effective
response to disasters, and effectively manage post-disaster recovery.

Hence, the immediate passage of this bill is eamestly enjoined.

iCISCO ASHLEY L. ACEDILLO "ARY C. ALEJANO.


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

e
House Bill No. 969

Introduced by MAGDALO Party List Representatives Francisco Ashley L. Acedillo
and Gary C, Alejano

AN ACT
ESTABLISHING THE EMERGENCY MANAGEMENT AGENCY (EMA), AMENDING.
FOR THIS PURPOSE REPUBLIC ACT NUMBERED 10121, AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Emergency Management Agency Act

of 2013”.

SEC.2. Declaration of Policy. - It shall be the policy of the State to:

(a) Provide for an integrated and coordinated disaster management policy that focuses on
preventing or reducing the risk of disasters, mitigating the severity of disasters, undertaking
emergency preparedness, and initiating rapid and effective response to disasters and post-disaster
recovery.

(b) Achieve excellence in civil protection through hazard reduction and disaster management at
all levels of the Philippine society by establishing a coherent, integrated, proficient and
responsive disaster risk management system, whereby national and regional development plans
incorporate hazard risk reduction management as components of an integrated and coordinated
strategy for sustainable development.

(c) Strengthen the institutional structures for coordination, implementation and enforcement of
policies for the promotion of hazard management and disaster management by providing a basis

for aligning local planning with a national framework and national plan.


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(d) Recognize, support and strengthen local community capacities by encouraging them to
achieve acceptable levels of risk for undertaking the primary responsibility in reducing
risk from hazards and managing disasters.

(©) Support, strengthen and encourage the coordination of local government units when
reducing risk from hazards, preparing for, responding to, and recovering from disasters or
emergencies, whether natural or man-made,

(f) Enhance the participation of the private sector, particularly the lifeline utilities, non-
government organizations, and other community-based organizations in the development
and delivery of disaster risk management and “bayanihan” among the citizenry.

(g) Adopt in full the universal norms and principles in humanitarian assistance as one of the

concrete steps in preventing or alleviating human suffering due to disasters or calamities,

SEC. 3. Definition of Terms. — As used in this Act:

(a) “Community-Based Disaster Management (CBDM)” refers to activities, projects and
programs to reduce disaster risk which are primarily designed by people living in high
risk localities based on their needs and capacities and in close coordination with their
respective local disaster coordinating councils.

(b) “Director” refers to the Director of the Office of the Emergency Management Agency.

(©) “Disaster” is an event, natural or man-made, sudden or progressive, which impacts with
such severity on people’s lives and properties, livelihood, essential services, lifelines and
major public infrastructures, and the environment, that the affected community has to
respond with exceptional measures or otherwise requires a significant and coordinated
response under this Act.

(4) “Disaster Management Councils” refers to all nucleus organizations established at the
national, regional, provincial, city, municipal, and barangay levels to carry out the

disaster management activities as defined under this Act.


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(©) “Disaster Response Operations” refers to any concerted effort by two or more agencies,
public or private, to provide emergency assistance to the victims of a disaster or calamity
and in the restoration of essential public activities and facilities.

(f) “Disaster Risk Management” refers to the application of knowledge, measures and
practices are necessary or desirable for the safety of the public and are designed to guard,
prevent, reduce or overcome any hazard or harm or loss that may be associated with any
disaster. It includes all activities relating to hazard mitigation and prevention, response
preparedness and relief, and long-term recovery, rehabilitation and reconstruction.

(g) “Disaster Mitigation” refers to the measures aimed at minimizing the impact of a natural
or man-made disaster on a nation or community, in terms of casualties and damages.

(h) “Disaster Preparedness” refers to pre-disaster actions and measures being undertaken to
avert or minimize loss of life and property, such as but not limited to community
organizing, training, planning, equipping, stockpiling, hazard mapping and public
information and education initiatives.

() “Disaster Prevention” refers to measures designed to prevent natural phenomena from
causing or resulting in disaster or other related emergency situations. It is concerned with.
the formulation and implementation of long range policies and programs to prevent or
minimize the occurrence of disasters on the basis of vulnerability analysis of all risks. It
also includes legislations and regulatory measures principally in the fields of physical and
urban planning, public works and buildings.

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“Emergency” refers to unforeseen or sudden occurrence, especially danger, demanding

immediate action.

(&) “Hazard Mitigation” relates to actions, practices or processes designed to reduce the
severity or level of harm of a hazard agent on the national community or any part thereof

()) “Hazard Risk Reduction” refers to activities that reduce the degree of long-term risk to

human life and property from natural and technological hazards.


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(m) “Lifeline Utilities” refers to entities that produce, generate, supply, distribute or provide
services or products that are essential for the effective functioning and maintenance of a
community.

(a) “National and Regional Development Plans” has the same meaning as set out by NEDA.

(0) “National Disaster Management Plan” is the disaster operational master plan formulated
and revised by the EMA, which sets forth the disaster response requirements of
participating parties,

(p) “National Disaster Risk Management Framework (NDRMF)” is the overarching
guideline document for the development of disaster risk management practices and
processes for the Philippines. The NDRMF should be integrated in the National
Development Plan and budget.

(q) “Rehabilitation” refers to the process by which the affected communities/areas or
damaged public infrastructures are restored to their proper or normal level of functioning

and to new measures introduced to reduce future hazards and risks.

SEC. 4. Scope. - This Act provides for all the actions and measures pertaining to hazard
mitigation, disaster prevention/preparedness, response, and rehabilitation, and disaster risk

management as defined under this Act.

SEC. 5. The Emergency Management Agency. — The Office of the Emergency

Management Agency (EMA) is hereby created. EMA shall be an independent body and shall

. have the same status as that of a national agency attached to the Office of the President.

‘The EMA shall be headed by a Board composed of a Director and two (2) Members, to
be appointed by the President of the Republic of the Philippines from a list of nominees
submitted by agencies and organizations active in disaster management, both in the public and
private sectors. All nominees must be considered experts in the field of emergency and disaster

management and of proven integrity and competence.


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The Director and two (2) members shall serve for a term of five (5) years and their
positions considered as civil service career positions: Provided, That the Director or one of the
Members first appointed after the effectivity of this Act shall serve for an additional one (1) year
to ensure continuity of the programs. The Director shall have the same rank and privileges of a

department Secretary while the two (2) Members shall have the same rank and privileges of the

Undersecretaries of a department.

SEC. 6. Powers and Functions of the Emergency Management Agency. — The EMA
shall have the following powers and functions:

(a) Formulate:policie’ on emétgency and disastér tespénse and management, arid develop a
er Preventioii ind Pregatedesd Pla:

cornpteliensive tiational Bikergéncy and Dit
() Advise”the ‘President’on the status of emergency and disaster response, recovery,
mitigation, risk reduction, prevention and preparedness efforts being undertaken by
concerried government aid private entities.
(©) Recommend to the President the declaration of a state of calamity in areas extensively

normalcy in the affected areas. ~~

damaged and submit proposals to estat

(G) Eneurcrt hat allt cenerperscy ancl seater) ercedacesvand cndieacntectieitics!cuctitas
training, public information and other programs/projects requiring ‘regidnal and
international support shall be carried out in accordance with duly established national
policies.

(©) Foster and facilitate the participation of non-government agencies in measures taken by
the government for emergency and disaster-related concerns.

(8 Develop a national digaster risk management ffamework.

(g) Render annual reports to the President and to Congress.

SEC. 7. The Emergency Management Agency Secretariat. — The EMA Secretariat

shall be formed to manage the day-to-day activities of the EMA. The Board shall determine the


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staffing pattem and compensation scheme of the Secretariat subject to existing rules and
regulations.

The Secretariat shall be headed by an Executive Director who shall serve as the Chief
Operations Officer of the EMA. The Secretariat of the EMA shall take over the functions, duties
and responsibilities and assume the powers and authority vested by existing laws, rules and
regulations unto the National Coordinating Council (NDCC). It shall serve as the forum for

coordination and support of the different volunteer orgenizations established by the Emergency

Field Offices throughout the country.

SEC. 8. The Emergency tind Disaster Field Offices. ~ Emergeticy and'Dishster Field

Offices shall be established in évery regioh, proVinct city, municipiality and barangay. “°°

The Emergency and Disaster Field Offices each headed by a Director, shill coordinate ali

disaster management-related efforts with the provincial, ‘municipal and batangay authorities.

SEC. 9. Powers and Functions of the Emergency and Disaster Field Offices. ~ The

* Emergency and Disastet Field Offices shall’be empowered to:

(a) Formulate policies on emergency disaster response and management in accordance with
the national policies and the comprehensive’ national Emergency and Disaster
Preparedness and Prevention Plan set down by the Board, taking into account the unique
circumstances obtaining in their respective areas of jurisdiction.

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Identify hazards/disaster risks in their areas of responsibility and draw up counter-
emergency and disaster plans/strategies.

©

Identify and source finding for specific emergency and disaster preparedness and
management projects.

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In consultation with the affected province, municipality or barangay, identify evacuation

areas, whenever necessary.

©

Coordinate with agencies and organizations involved in emergency and disaster

management efforts within their jurisdiction: Provided, That the Board, by itself or


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through the Secretariat, shall make all such coordinative efforts with similar entities on
the national and international levels.
(f) Organize volunteers in their respective jurisdictions who can be mobilized to undertake

emergency or disaster related work.

(g) Enforce curfews and compel forced evacuation whenever circumstances warrant such

actions.
(h) Deputize all law enforcement agencies in enforcing laws designed to protect the
environment and prevent disasters, and in implementing its task mentioned in paragraph

(0) of this section.

SEC: 10. Responsibilities of Lotal Government," 7

(a) Every local government must establish a disaster management council for the purposes
of this Act. e

(b) Every local governitient whit may unite with other local government ‘whits that have
common borders as a joint local government for the purposes of this Act.

(©) It shall be mandatory on the part of local governments to formulate their own local
ordinances to be consistent with the requirements of this Act.

(@) Local devélopment plans shall incorporate risk reduction management as a strategy in
sustainable development.

(©) Local government units must ensure that its actions in exercising or performing its
functions, duties and powers undef thiis Act’ are not inconsistent with any national

disaster risk management requirement,

SEC. 11. Importations and Donations of Food, Clothing, Medicines and Equipment
for Relief and Rehabilitation and Other Disaster Management Related Supplies and
Equipment for Calamity-Affected Areas. — The importations and donations of food, clothing,
medicines and equipment for relief and rehabilitation and other disaster management related

supplies are hereby authorized in accordance with Sec 105 of the Tariff and Customs Code of the


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Philippines, as amended, and the prevailing provisions of the General Appropriations Act
covering national internal revenue taxes and import duties of the national and local government
agencies.

Importations and donations under this Section shall be considered as importations by

and/or donations to the Emergency Management Agency, subject to the approval of the Office of

the President.

SEC, 12. Release, Allocation and Accounting of the National Calamity Fund. — The
National Calamity Fund (NCF) appropriated under the General Appropriations Act (GAA) shall
be used for aid, relief, rehabilitation, reconstructions and other works or services in connéttion
with calamities which may o¢cur during ‘the btidget year ot those that dtvurred in the past'two

years from the budget year, including training of personnel and other pre-disaster activities and

capital expenditures for pre-disaster operation, rehabilitation and other related activities, in order
of priority as may be determined by the EMA.

‘A Quick Respoitse Fund (QRF) is hereby constituted to support the initial and immediate
disaster response operations and needs of the EMA and its participating agencies’for the current
year, The amouint necessary for the continuous funding of theQRF shall’ be included in the

annual General Appropriations Act,

The specific amount of the QRF for the EMP and appropriate participating agencies shall

_ be recommended by the EMA to the President and shall be administered by the EMA and other

recipient agencies; Provided that no portion thereof shall be used for administrative expenses or
‘as augmentation fund for regular agency programs, projects and activities not related to current
calamities or disasters.

All departments/agencies and local government units that were allocated with calamity
fund shall submit to the EMA their monthly statements on the utilization of calamity funds and

make an accounting thereof in accordance with existing accounting and auditing rules,


SEC. 13. Implementing Rules and Regulations. - The EMA shall promulgate the

necessary rules and regulations for the effective implementation of this Act.

SEC. 14. 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.

SEC. 15. Repealing Clause. — All laws, decrees, executive orders, proclamations and
other executive issuances or parts thereof, which are inconsistent with or contrary to the

provisions of this Act are hereby repealed or amended accordingly.
SEC. 16. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in a major newspaper of general circulation in the

Philippines.

Approved,