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Republic of the Philippines ?
HOUSE OF REPRESENTATIVES Z ae a i
Quezon City 0S

SIXTEENTH CONGRESS
First Regular Session

3229

HOUSE BILL NO. _“

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Introduced by:

Hon. ARTHUR C. YAP, Hon. ERICO ARISTOTLE C. AUMENTADO and
Hon. RENE R. RELAMPAGOS,

EXPLANATORY NOTE

Bakod Central Visayas! Rise up Central Visayas! “Bakod”, in the Visayan dialect,
means “rising up” or “standing”.

On 15 October 2013, a destructive magnitude 7.2 earthquake, with epicenter at
the southwest of Sagbayan Municipality, devastated several areas of Central Visayas.
While the tremors were felt in the entirety of Visayas, parts of Mindanao and Southern
Luzon, the hardest hit was the Province of Bohol.

‘A week after the killer earthquake hit Bohol, it was reported that the earthquake,
which was described to be equivalent to 32 Hiroshima atomic bombs, caused 190 deaths,
11 still unfound, and 605 injured. The numbers will continue to rise. The damage in
properties is expected to reach more than 4 Billion Pesos. More than 3.1 million residents
across Central Visayas were affected, more than 53,000 houses and buildings were
destroyed, partially damaged or affected. The towns of Loon, Tubigon, Carmen,
Maribojoc, Loboe, Sagbayan, Loay, and Calape are among the worst affected.

Public infrastructures were likewise severely affected. These include the buildings
at the Tagbilaran Airport and Port Terminal, municipal halls of at least 8 towns, several
classroom buildings, hospitals and health centers. Roads cracked, some bridges were
totally destroyed, many severely damaged or rendered impassable, thereby even
hampering rescue, relief and aid efforts.

‘The tragedy did not spare the world-renowned Spanish era churches in the region.
‘The Church of San Pedro Apostol in Loboe, its compound having been built in 1595 and
the building in 1727, the Church of Our Lady of Light in Loon, and the Santa Cruz Parish
Church in Maribojoc, all collapsed. In Baclayon, the facade of Church of Our Lady of
the Immaculate Conception, the second oldest church in the country was built in 1595,
and its bell tower were totally damaged. Other churches, all treasures of the province,
such as those in Loay, Dauis, Dimiao, and Tubigon, were also heavily damaged. In
Carmen, a freestanding bell tower and an observation deck in the island's renowned
Chocolate Hills were destroyed. Even the hills itself were damaged by landslides.

Replicating a similar legislative initiative after the onslaught and devastation of
Mt, Pinatubo in Central Luzon, this measure seeks to appropriate an amount for the aid,
relicf, rehabilitation, home rebuilding financing subsidy, livelihood and employment
services, public infrastructure rebuilding, and heritage structures and tourism sites
restoration, for the victims of the October 15, 2013 Bohol earthquake. In the process, it
would be establishing the “Bakod Visayas” or the Bohol Earthquake Aid and
Rehabilitation Commission.


Paraphrasing a paragraph from Republic Act No. 7637, or the “Mt. Pinatubo
Assistance, Resettlement and Development Fund" Law, it is so that “that life may return
to normalcy at the earliest possible time and the development may be accelerated” in the
calamity ravaged area in the Central Visayas.

The amount requested, at Fifteen Billion Pesos, is not even a third of the total
appropriation made under the Mt. Pinatubo Commission. This was although the
devastation wrought by the earthquake approximates the damage of Mt. Pinatubo.

In the disbursement of the fund, the first priority shall be given to emergency
rescue and relief humanitarian efforts, including the grant of immediate medical
assistance, food sustenance and emergency shelter. The next shall be the grant of subsidy
for rebuilding of family homes amounting to a meager amount of P25,000 per family.
The next shall be repair and reconstruction of public infrastructure and facilities,
including resettlement centers for displaced families, roads, bridges, hospitals, school
buildings, communication and power lines, irrigation and water systems, and the like.

The aid, relief, resettlement, 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.

The Bakod Bohol shall be an ad hoc Commission, attached to the Office of the
President, to be organized immediately with only five years to finish its rehabilitation
work.

It shall have the powers to formulate policies and plans, implement and monitor
projects for the aid, relief, rehabilitation and rebuilding program for Bohol. It shall
approve the financing subsidy to individual family homes rebuilding, up to a maximum
amount of P25,000.00 per family. It shall make a determination of the permanent danger
zones, if any, to minimize future damage to lives and property.

It shall inspect the damage of the heritage structures, cultural treasures, national
historical landmarks and tourism sites in Bohol, then draw up priorities for restoration,
estimating the amount of resources necessary and establishing important linkages with
private stakeholders. Moreover, the restoration, reconstruction, or rehabilitation of any
building must be in accordance with standards that will ensure its resilience to
earthquakes and effects of climate change.

‘The Commission shall have 11 members, 6 members from the public sector and
receiving no extra compensation, and 5 representatives from the private sector. The
representatives from the private sector shall include experts from recognized associations
of land use planners, architects or civil engineers, eminent organizations on heritage and
cultural landmarks conservation and restoration, and non-government organizations with
proven record in disaster prevention, mitigation, emergency and relief work and rescue
operations.

In order to really assist the victims in Central Visayas, residents in the affected
areas, especially the victims, shall be given preference in hiring or employment in the
construction or repair and reconstruction projects. However, 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.

‘The projects of Bakod Central Visayas shall be undertaken by the implementing
government agencies concerned under the Procurement Reform Law, or Republic Act
9184, subject to the usual accounting and auditing rules and regulations. The Commission


shall likewise be made to submit reports to the President and to Congress. Also, a Joint
Oversight Congressional Committee shall be created for monitoring purposes.

‘After more than a week and with more than 2,000 aftershocks registered, the toll
of the earthquake, the deadliest in the country in 23 years, continues to rise. Yet more
significantly, the statistics would not really reflect the sufferings of the residents of
Central Visayas, including their grave difficulty to rise from this tumultuous tragedy.

‘At present, the victims are living in evacuation centers or in public schools to
escape the dangers of continuing landslides that may occur due to intermittent rains and
aftershock tremors. Many refuse to go home as well because of trauma and the
continuing aftershocks which may further cause the collapse of their homes and business
establishments.

People are living in tents in their own backyards or in their garages. They cannot
rebuild their homes since the tremors continue. For many, when the tremors subside,
neither will they have the rebuilding funds to fix their homes and re-start their livelihoods
hence the need for the creation of this Fund.

‘This Act shall help rebuild the lives of the victims of the Bohol Earthquake, by
providing them the resources to seck medical help, restoring homes and restarting
livelihood activities and protect lives in the future by setting up safety zones for
residence, business and recreation, as well as retrofitting those that can be retro-fitted, to
make them adapted to the world in today’s weather and other realities.

As of the moment, the victims are merely on survival mode. They rely on relief
goods for sustenance. They fall in line to be beneficiaries of medical missions. The
farmers have not tended their lands for days while the fisherfolk have remained ashore.
The tourist guides remain at home as they do not have any tourists to attend to. The
parents have not sent their children to school.

‘The victims of the earthquake have, so far, lived on a day-to-day basis of great
fear and uncertainty not only for the present, but the future.

With any luck, in the next few weeks, as predicted by scientists, the aftershocks
will end. It is only then that the real restoration and rehabilitation of areas in Central
Visayas, would hopefully commence. By that time, the mechanism for this rebuilding
should already be in place.

It is in this view that the immediate passage of the bill is earnestly sought.

C. AUMENTADO
2™ District, Bohol

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

3229

House Bill No.

Introduced by:

Hon. ARTHUR C. YAP, Hon. ERICO ARISTOTLE C. AUMENTADO, and
Hon. RENE R. RELAMPAGOS

AN ACT

APPROPRIATING THE AMOUNT OF FIFTEEN BILLION PESOS
FOR THE AID, RELIEF, REHABILITATION, HOME
REBUILDING FINANCING SUBSIDY, LIVELIHOOD AND
EMPLOYMENT SERVICES, PUBLIC INFRASTRUCTURE
REBUILDING, AND HERITAGE STRUCTURES AND TOURISM
SITES RESTORATION, FOR THE VICTIMS OF THE OCTOBER
15, 2013 BOHOL EARTHQUAKE, ESTABLISHING THE BOHOL
EARTHQUAKE AID AND REHABILITATION FOR CENTRAL
VISAYAS (BAKOD CENTRAL VISAYAS), AND FOR OTHER
PURPOSES

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

Section 1. Short Title. This Act shall be known as the "Bakod Central Visayas
Act of 2013."

Section 2. Declaration of Policy. — It is hereby declared the policy of the State to
assist the people of Central Visayas, particularly Bohol, Cebu, Negros Oriental, and
Siquijor in rising from the October 15, 2013 earthquake by extending to them aid, relief,
rehabilitation, home rebuilding financing subsidy, housing resettlement, livelihood and

employment services, public infrastructure rebuilding, and heritage structures and


tourism sites restoration, to the end that life may return to normalcy at the earliest

possible time and the development of the Central Visayas region may be accelerated,

Section 3. Statement of Objectives and Guidelines. — This Act is intended to help
the victims of the Bohol earthquake which greatly affected the Central Visayas. It aims to
provide funds for the immediate relief of the victims; to provide medium to long term
medical and psychological aid to the physically and psychologically distressed; to
subsidize the rebuilding of family homes; establish resettlement centers for displaced
families; to provide livelihood and employment opportunities; to repair, reconstruct or
replace public infrastructure damaged or destroyed; to restore heritage churches and other
architectural structures and tourism sites; and to construct new infrastructure facilities for
the community. Moreover, the restoration, reconstruction, or rehabilitation of any
infrastructure must be in accordance with sound construction standards that will ensure
its resilience to earthquakes and effects of climate change.

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

(a) Individuals who have died, sustained injury, disappeared and/or psychologically
distressed as a result of the aforementioned earthquake;

(b) Individuals who were displaced or suffered death in the family as a result of the
aforementioned earthquake who need and deserve assistance; and,

(©) Individuals whose homes have been destroyed or rendered uninhabitable and those
who have lost permanently their livelihood as a direct result of the Bohol earthquake
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. ‘The first priority shall be given to emergency rescue and relief humanitarian

efforts, including the grant of immediate medical assistance, food sustenance and

emergency shelter;


b. The second priority shall be the grant of subsidy for rebuilding of family homes;
fr In the construction or repair and reconstruction of public infrastructure and
facilities, priority shall be given to the construction of resettlement centers, and such
‘other projects as roads, bridges, hospitals, school buildings, communication and power
lines, irrigation and water systems, and the like;

d. Aid, relief, resettlement, 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; and,
e. 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 Fifteen Billion Pesos (P15,000,000,000) is hereby appropriated out of any
available funds in the National Treasury not otherwise appropriated.

Section 6. Establishment of Bakod Central Visayas (Bohol Earthquake Aid and
Rehabilitation Commission). — For purposes of this Act, there is hereby created the
Bakod Central Visayas or the Bohol Aid Commission for Development.

‘The Bakod Central Visayas shall be organized within thirty (30) days after the
approval of this Act. It shall have a term of five (5) 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 following powers:

a. To formulate policies and plans for the aid, relief, rehabilitation, rebuilding and
livelihood and employment services as well as infrastructure support in harmony with the

other plans and policies of the National Government;


b. To approve the financing subsidy to individual family homes rebuilding, up to a
maximum amount of Twenty Five Thousand Pesos (Php25,000.00) per family.

c. To make a determination of the permanent danger zones, if any, to spare
communities and/or minimize future damage to lives, habitation, infrastructure,
agricultural and other resources;

d. To prioritize and coordinate the implementation of the various programs and
projects of the Commission;

e. To inspect the damage of the heritage structures, cultural treasures, national
historical landmarks and tourism sites, establish the severity of damage, identify property
that may immediately need to be secured, draw up priorities for restoration, estimate the
amount of human and financial resources necessary and establish important linkages with
private stakeholders;

f. To sue and be sued in its name, and to adopt, alter and use a seal;

g. 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;

h. 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;

i. To monitor the progress of the relief, rehabilitation, rebuilding,
restoration, livelihood and employment as well as infrastructure support programs and
projects;

FF To coordinate and consult with concemed national and local officials, both
elective and appointive, as well as accredited non-government organizations (NGOs) in
the prioritization and prosecution of the programs and projects;

k. 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


1 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 eleven (11) members to be appointed by the President, six (6) being ex-
officio members from the public sector and five (5) representatives from the private
sector, including the: The Secretary of Social Welfare and Development or his/her
designate, the Secretary of Public Works and Highways or his/her designate, the
Secretary of Housing and Urban Development Council or his/her designate, the Secretary
of Tourism or his/her designate; the Chairman of the National Commission for Culture
and the Arts or his/her designate; two (2) representatives of experts from recognized
associations of land use planners, architects or civil engineers, one (1) being from Central
Visayas; two (2) representatives of eminent organizations on heritage and cultural
landmarks conservation and restoration, one (1) being from Central Visayas; and one (1)
representative from recognized non-government organizations with proven record in
disaster prevention, mitigation, emergency and relief work and rescue operations. The
President shall designate from among the members of the Cabinet to be the Chairman
thereof.

The members from the private sector of the Commission shall serve for five (5)
years unless sooner removed for cause. The ex-officio members shall not be entitled to
any compensation, except for reasonable per diem for meetings.

Section 9. Executive Director; Powers and Responsibilities. — The President
shall appoint a professional manager as the Executive Director of the Commission, who
shall serve as the chief executive officer. He shall serve until such time as the
Commission is 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 of the Commission;

(b) Directly coordinate the activities of all agencies and instrumentalitic of the

Government in the planning and implementation of projects on site;


(c) 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

(@) 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 or alternate public infrastructure, facilities
and tourism sites, and heritage structures, as permissible under pertinent laws, shall be
undertaken by the implementing government agencies concemed under the Procurement
Reform Law, or Republic Act 9184, subject to the usual accounting and auditing rules
and regulations.

With respect to aid, relief, resettlement, rehabilitation and livelihood 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,
resettlement, 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 preference in hiring or employment in the
construction or repair and reconstruction of damaged or destroyed public infrastructure,
facilities, tourism sites and heritage structures, 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, obligated and disbursed for:


(a) Aid, relief, medical assistance, home rebuilding financing, resettlement, 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.

‘The Department of Budget and Management shall likewise submit a report on the
total allotment and cash releases to all departments/agencies to the Committee on Finance
of the Senate and the Committee on Appropriations of the House of Representatives ten
(10) days after the end of every month. The report shall include the following
information: recipient department/agency, amount released, date of release, SARO or
NCA number, fund source, expenditure class, and purpose of release and publish the
same on its website.

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 three (3) senators, preferably from Central Visayas,
to be appointed by the Senate President and the three (3) representatives of the Province
of Bohol. 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 ex officio 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 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 is an alien, he shall, in addit

n 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. Transfer of Operating Funds, Records, Assets and Liabilities. ~ All
operating funds, records, properties, other assets and liabilities of all government
agencies tasked with relief and other operations for the October 15, 2013 earthquake of
Bohol are hereby transferred to the Commission.

Section 18. Separability Clause. - If any provision of this Act, or any parts
thereof, is declared unconstitutional, the same shall not affect the validity and effectivity

of the other portions.


Section 19. Repealing Clause. - All laws, executive orders, presidential decrees,
proclamations, rules, regulations, issuances and enactments of parts thereof inconsistent
with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette of in a newspaper of general circulation in

the Philippines, whichever comes earlier.

APPROVED.

ae Cc. YAP C. AUMENTADO

3" District, Bohol 2" District, Bohol
:

RENE R. "AGOS
1" Pistrictlof Bo!