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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Le

SIXTEENTH CONGRESS
First Regular Session

3486

Housé Bill No.

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

EXPLANATORY NOTE

‘The Philippines is one of the countries that is often visited by strong typhoons. Around 19
tropical storms enter the Philippine Area of Responsibility in a typical year and, of these, usually
6 to 9 make landfall.

Notwithstanding all the disaster preparation and coordination plans, there were still significant
losses of life, injury, and damage to property when Typhoon Yolanda (International Code Name:
Haiyan), considered as the world’s strongest typhoon ever recorded, hit Philippine Territory.

Despite the government’s efforts and preparations, thousands of people perished. Damage to
business, property and agriculture were in such magnitude that economic activities were placed
on standstill. A few days after typhoon Yolanda ravaged the Visayas region, the national
government was criticized and blamed by international media for the slow response and lack of
support to the victims in the affected areas.

In light of this, it is high time we create a new Department which will exclusively handle all
calamity-related (natural or man-made) operations. The current set-up has proven to be
inadequate in preparing our country from major calamities which we will have to face on a
yearly basis. This new Department will drastically reduce, if not totally eliminate, the
bureaucratic red tape which has caused many delays in the delivery of immediate assistance
needed by the victims.

It becomes imperative therefore, that Congress should introduce measures in line with this policy
thrust. Immediate passage of this bill is urgently sought.
x


FERDINA IN G. KOMUALDEZ
1St District, Leyte

\SRoa/

VICTOR FRANCISCO C, ORTEGA.
1ST District, La Union

ATIENZA, Jr,
Partylist

ll MERCADO- REVILLA

2nd District, Cavite

PHILIP A. PICHAY.
1st District, Surigao del Sur

GLORJA MACAPAGAL ARROYO.
2nd District, Pampanga

Lyd?
AUPTA C, SUARE:
District, Quézon

TOBY M. TIANGCO
Lone District, Navotas City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 3486

Introduced by Hon. FERDINAND MARTIN G. ROMUALDEZ, Hon. GLORIA.
MACAPAGAL ARROYO, Hon. DIOSDADO M. ARROYO, Hon. LITO A. ATIENZA,
Hon. JONATHAN A. DE LA CRUZ, Hon. VICTOR FRANCISCO C. ORTEGA, Hon.

PHILIP A. PICHAY, Hon. LANI MERCADO REVILLA, Hon, ALETA C. SUAREZ, and
Hon. TOBY M. TIANGCO

AN ACT
CREATING THE DEPARTMENT OF DISASTER PREPAREDNESS
AND EMERGENCY MANAGEMENT, DEFINING ITS
MANDATES, POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFORE

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

Section 1. Title. - This Act shall be known as the “Department of Disaster Preparedness
and Emergency Management Act of 2013”.

Section 2, Declaration of Policy. - It shall be the policy of the State to uphold the
people's constitutional rights to life and property by addressing the root causes of vulnerabilities
to disasters; strengthening the country's institutional capacity for disaster preparedness and
‘emergency management; and, building the resilience of local communities to disasters, natural or
man-made, including climate change impacts.

Section 3.Definition of Terms. - For purposes of this Act, the following shall refer to:

(a) "Adaptation" - the adjustment in natural or human systems in response to actual or expected
climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) "Capacity" - a combination of all strengths and resources available within a community,
society or organization that can reduce the level of dangers, or effects of a disaster. Capacity may
include infrastructure and physical means, institutions, societal coping abilities, as well as human


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knowledge, skills and collective attributes such as social relationships, leadership and
management. Capacity may also be described as capability.

() "Civil Society Organizations" Or "CSOs" - non-state actors whose aims are neither to
generate profits nor to seek governing power. CSOs unite people to advance shared goals and
interests. They have a presence in public life, expressing the interests and values of their
members or others, and are based on ethical, cultural, scientific, religious or philanthropic
considerations. CSOs include nongovernment organizations (NGOs), professional associations,
foundations, independent research institutes, community-based organizations (CBOs), faith-
based organizations, people's organizations, social movements, and labor unions.

(@) "Climate Change" - a change in climate that can be identified by changes in the mean and/or
variability of its properties and that persists for an extended period typically decades or longer,
whether due to natural variability or as a result of human activity.

(©) "Community-Based Disaster Preparedness and Emergency Management" or "CBDPEM" - a
process of disaster preparedness and emergency management in which at risk communities are
actively engaged in the identification, analysis, treatment, monitoring and evaluation of disaster
hazards in order to reduce their vulnerabilities and enhance their capacities, and where the people
are at the heart of decision-making and implementation of disaster preparedness and emergency

management activities.

("Complex Emergency" - a form of human-induced emergency in which the cause of the
emergency as well as the assistance to the afflicted is complicated by intense level of political

considerations.

(g) "Contingency Planning" - a management process that analyses 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.

(h) "Disaster" - a serious disruption of the functioning of a community or a society involving
widespread human, material, economic or environmental losses and impacts, which exceeds the
ability of the affected community or society to cope using its own resources. Disasters are often
described as a result of the combination of: the exposure to a hazard; the conditions of
vulnerability that are present; and insufficient capacity or measures to reduce or cope with the
potential negative consequences, Disaster impacts may include loss of life, injury, disease and
other negative effects on human, physical, mental and social well-being, together with damage to

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property, destruction of assets, loss of services, social and economic disruption and

environmental degradation.

(@ "Disaster Mitigation" - the lessening or limitation of the adverse impacts of hazards and
related disasters. Mitigation measures encompass engineering techniques and hazard-resistant

construction as well as improved environmental policies and public awareness.

(i) "Disaster Preparedness” - the knowledge and capacities developed by governments,
professional response and recovery organizations, communities and individuals to effectively
anticipate, respond to, and recover from, the Impacts of likely, imminent or current hazard events
or conditions. Preparedness action is carried out within the context of disaster risk reduction and
management and aims to build the capacities needed to efficiently manage all types of
emergencies and achieve orderly transitions from response to sustained recovery. Preparedness is
based on a sound analysis of disaster hazard and good linkages with early warning systems, and
includes such activities as contingency planning, stockpiling of equipment and supplies, the
development of arrangements for coordination, evacuation and public information, and
associated training and field exercises. These must be supported by formal institutional, legal and
budgetary capacities.

(k) "Disaster Prevention" - the outright avoidance of adverse impacts of hazards and related
disasters. It expresses the concept and intention to completely avoid potential adverse impacts
through action taken in advance such as construction of dams or embankments that eliminate
flood risks, land-use regulations that do not permit any settlement in high-risk zones, and seismic
engineering designs that ensure the survival and function of a critical building in any likely
earthquake,

() "Disaster Response" - the provision of emergency services and public assistance during or
immediately after a disaster in order to save lives, reduce health impacts, ensure public safety
and meet the basic subsistence needs of the people affected. Disaster response is predominantly
focused on immediate and short-term needs and is sometimes called "disaster relief”.

(m) "Disaster Risk" - the potential disaster losses in lives, health status, livelihood, assets and
services, which could occur to a particular community or a Society over some specified future

time period

(n) "Disaster Risk Reduction and Management" - the systematic process of using administrative
directives, organizations, and operational skills and capacities to implement strategies, policies

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and improved coping capacities in order to lessen the adverse impacts of hazards and the
possibility of disaster. Prospective disaster preparedness and emergency management refers to
risk reduction and management activities that address and seek to avoid the development of new

or increased disaster risks, especially if risk reduction policies are not put in place.

(0) "Disaster Preparedness and Emergency Management Information System" - a specialized
database which contains, among others, information on disasters and their human material,
economic and environmental impact, risk assessment and mapping and vulnerable groups.

(p) "Early Warning System" - the set of capacities needed to generate and disseminate timely and
meaningful warming information to enable individuals, communities and organizations
threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the
possibility of harm or loss. A people-cantered early warning system necessarily comprises four
(4) key elements: knowledge of the risks; monitoring, analysis and forecasting of the hazards;
communication or dissemination of alerts and warnings; and local capabilities to respond to the
warnings received. The expression "end-to-end warning system" is also used to emphasize that
warning systems need to span all steps from hazard detection to community response.

(q@) "Emergency" - unforeseen or sudden occurrence, especially danger, demanding immediate

action,

() "Emergency Management" - the organization and management of resources and
responsibilities for addressing all aspects of emergencies, in particular preparedness, response
and initial recovery steps.

(s) "Exposure" - the degree to which the elements at risk are likely to experience hazard events of
different magnitudes.

() "Geographic Information System" - a database which contains, among others, geo-hazard
assessments, information on climate change, and climate risk reduction and management.

(u) "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.


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(v) "Land-Use Planning" - the process undertaken by public authorities to identify, evaluate and
decide on different options for the use of land, including consideration of long-term economic,
social and environmental objectives and the implications for different communities and interest
groups, and the subsequent formulation and promulgation of plans that describe the permitted or
acceptable uses.

~ structural and non-structural measures undertaken to limit the adverse impact

(w) "Mitigatioy
of natural hazards, environmental degradation, and technological hazards and to ensure the
ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of
disasters. Such measures include, but are not limited to, hazard-resistant construction and
engineering works, the formulation and implementation of plans, programs, projects and
activities, awareness raising, knowledge management, policies on land-use and resource
management, as well as the enforcement of comprehensive land-use planning, building and
safety standards, and legislation.

(x) “Philippine Disaster Preparedness and Emergency Management Framework" or "PDPEME" -
provides for comprehensive, all hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.

(y) "Philippine Disaster Preparedness and Emergency Management Plan" or "PDPEMP" - the
document to be formulated and implemented by the Philippine Disaster Preparedness and
Emergency Management Authority that sets out goals and specific objectives for reducing
disaster risks together with related actions to accomplish these objectives. The PDPEMP shall
provide for the identification of hazards, vulnerabilities and risks to 'be managed at the national
level; disaster risk reduction and management approaches and strategies to be applied m

managing said hazards and risks; agency roles, responsibilities and lines of authority at all
government levels; and vertical and horizontal coordination of disaster risk reduction and

management in the pre-disaster and post-disaster phases.

(2) "Post-Disaster Recovery" - the restoration and improvement where appropriate, of facilities,
livelihood and living conditions. of disaster-affected communities, including efforts to reduce
disaster risk factors, in accordance with the principles of "build back better".

(aa) "Preparedness" - pre-disaster actions and measures being undertaken within the context of
disaster risk reduction and management and are based on sound risk analysis as well as pre-
disaster activities to avert or minimize loss of life and property such as, but not limited to,
community organizing, training, planning, equipping, stockpiling, hazard mapping, insuring of

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assets, and public information and education initiatives. This also includes the
development/enhancement of an overall preparedness strategy, policy, institutional structure,
warning and forecasting capabilities, and plans that define measures geared to help at-risk
communities safeguard their lives and assets by being alert to hazards and taking appropriate
action in the face of an imminent threat or an actual disaster.

(bb) "Private Sector" - the key actor in the realm of the economy where the central social concern
and process are the mutually beneficial production and distribution of goods and services to meet
the physical needs of human beings, The private sector comprises private corporations,

households and nonprofit institutions serving households.
(cc) "Public Sector Employees" - all persons in the civil service.

(dd) "Rehabilitation" - measures that ensure the ability of affected communities/areas to restore
their normal level of functioning by rebuilding livelihood and damaged infrastructures and

increasing the communities’ organizational capacity.

(ce) "Resilience" - the ability of a system, community or society exposed to hazards to resist,
absorb, accommodate and recover from the effects of a hazard in a timely and efficient manner,
including through the preservation and restoration of its essential basic structures and functions.

(ff) "Response" - any concerted effort by two (2) or more agencies, public or private, to provide
assistance or intervention during or immediately after a disaster to meet the life preservation and
basic subsistence needs of those people affected and in the restoration of essential public

activities and facilities.
(gg) "Risk" - the combination of the probability of an event and its negative consequences.

(hh) "Risk Assessment" - a methodology to determine the nature and extent of risk by analyzing
potential hazards and evaluating existing conditions of vulnerability that together could
potentially harm exposed people, property, services, livelihood and the environment on which
they depend, Risk assessments with associated risk mapping include: a review of the technical
characteristics of hazards such as their location, intensity, frequency and probability; the analysis
of exposure and vulnerability including the physical, social, health, economic and environmental

dimensions; and the evaluation of the effectiveness of prevailing and altemative coping

capacities in respect to likely risk scenarios.


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(ii) "Risk Transfer" - the process of formally or informally shifting the financial consequences of
particular risks from one party to another whereby a household, community, enterprise or state
authority will obtain resources from the other party after a disaster occurs, in exchange for
ongoing or compensatory social or financial benefits provided to that other party.

_ (i) "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.

(kk) "Sustainable Development" - development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains within it two
(2) key concepts: (1) the concept of "needs", in particular, the essential needs of the world’s poor,
to which overriding priority should be given; and (2) the idea of limitations imposed by the state
of technology and social organizations on the environment's ability to meet present and future
needs, It is the harmonious integration of a sound and viable economy, responsible governance,
social cohesion and harmony, and ecological integrity to ensure that human development now
and through future generations is a life-enhancing process.

(Il) "Vulnerability" - the characteristics and circumstances of a community, system or asset that
make it susceptible to the damaging effects of a hazard. Vulnerability may arise from various
physical, social, economic, and environmental factors such as poor design and construction of
buildings, inadequate protection of assets, lack of public information and awareness, limited
official recognition of risks and preparedness measures, and disregard for wise environmental

management.

(mm) "Vulnerable and Marginalized Groups" - those that face higher exposure to disaster risk
and poverty including, but not limited to, women, children, elderly, differently-abled people, and

ethnic minorities.

Section 4. Creation of the Department of Disaster Preparedness and Emergency
Management — There is hereby created another Executive Deaprtment to be known as the
Department of Disaster Preparedness and Emergency Management Authority, hereinafter
referred to as the “Department” which shall institutionalize the policies, structures, coordination
mechanisms and programs with continuing budget appropriation on disaster preparedness and
‘emergency management from national down to local levels towards building a disaster-resilient
nation and communities. The Department shall be an independent agency of the national


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government and shall maintain its principal office here in Metro Manila and have Regional
offices nationwide for the proper conduct of its operations.

Section 5. Powers and Functions of the Authority — The Department shall have the
following powers and functions:

(a) Advise the government and all other stakeholders on matters relating to disaster preparedness
and emergency management consistent with the policies and scope as defined in this Act;
(b) Formulate and implement the PDPEMP and ensure that the physical framework, social,
economic and environmental plans of communities, cities, municipalities and provinces are
consistent with such plan.
(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;
(@ Develop and ensure the implementation of national standards in carrying out disaster
preparedness programs including mitigation, prevention, response and rehabilitation works,
from data collection and analysis, planning, implementation, monitoring and evaluation;
(e) Review and evaluate the Local Disaster Preparedness and Emergency Management Plans
(LDPEMP) to facilitate the integration of disaster preparedness measures into the local
Comprehensive Development Plan (CDP) and Comprehensive Land-Use Plan (CLUP);
(f) Ensure that the LGU s, through the Local Disaster Preparedness and Emergency Management
Offices (LDPEMOs) are properly informed and adhere to the national standards and programs;
(g) Formulate standard operating procedures for the deployment of rapid assessment teams,
information sharing among different government agencies, and coordination before and after
disasters at all levels;
(h) Establish standard operating procedures on the communication system among provincial,
city, municipal, and baranggay disaster preparedness and emergency management councils, for
purposes of warning and alerting them and for gathering information on disaster areas before,
during and after disasters;
(i Establish Disaster Preparedness and Emergency Management Training Institutes in such
suitable location as may be deemed appropriate to train public and private individuals, both local
and national, in such subject as disaster preparedness and emergency management among others.
The Institute shall consolidate and prepare training materials and publications of disaster
preparedness and emergency management books and manuals to assist disaster preparedness and
emergency management workers in the planning and implementation of this program and
projects, The Institute shall conduct research programs to upgrade know ledge and skills and
document best practices on disaster preparedness and emergency management. The Institute is
also mandated to conduct periodic awareness and education programs to accommodate new
elective officials and members of the LDPEMO;

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(j) Ensure that all disaster preparedness and emergency management programs, projects and
activities requiring regional and international support shall be in accordance with duly
established national policies and aligned with international agreements;

(& Ensure that all government agencies and LGUs give top priority and take adequate and
appropriate measures in disaster preparedness and emergency management;

(1) Create an enabling environment for substantial and sustainable participation of CSOs, private
groups, volunteers and communities, and recognize their contributions in the government's
disaster preparedness efforts;

(m) Conduct early recovery and post-disaster needs assessment institutionalizing gender analysis
as part of it;

(n) Establish an operating facility to be known as the Philippine Disaster Preparedness and
Emergency Management Operations Centre in all regions (PDPEMOC) that shall be operated
and staffed on a twenty-four (24) hour basis;

(0) Prepare the criteria and procedure for the enlistment of accredited community disaster
volunteers (ACDVs). It shall include a manual of operations for the volunteers which shall be
developed by the Authority in consultation with various stakeholders;

(p) Provide advice and technical assistance and assist in mobilizing necessary resources to
increase the overall capacity of LGUs, specifically the low income and in high-risk areas;

(q) Create the necessary offices to perform its mandate as provided under this Act; and

(®) Perform such other functions as may be necessary for effective operations and
implementation of this Act.

Section 6. The Secretary and its Qualifications — The Secretary shall manage the day-
to-day conduct of operations of the Department. He/She shall be assisted by Undersecretaries.
No person shall be appointed Secretaries and Undersecretaries unless they have experience and
or knowledge in the duties to be perform as head of the Department, known for their dedication
and service, citizens and residents of the Republic of the Philippines, of good moral character
and with proven competence in public administration and management.

Section 7. Appointment of Officials / Employees of the Department - The Secretary
shall have the power to appoint all officers and employees of the Department whose appointment
shall be based on merit and fitness and shall be governed by the Civil Service Laws and other
related laws.

Section 8. Abolition of the National Disaster Risk Reduction Management Council,
Office of Civil Defense and other Offices related to it — The existing agency such as the
National Disaster Risk Reduction Management Council (NDRRMC), Office of Civil Defense

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other Offices related to it are hereby abolished. The powers, functions, all applicable funds and
appropriations, records, assets, and properties of the abolished agencies are hereby transferred or
absorbed by the Department. The Department shall, by virtue of this Act, succeed to all rights
and assume all contracts and liabilities of the abolished agencies and offices which shall be acted
upon in accordance with the Auditing Code and other pertinent laws, rules and regulations.
Employees separated from the service as a result of the abolition of the identified agencies and
offices shall, within six (6) months from the separation from the service, receive the separation
benefits to which they are entitled under existing laws and regulations, provided, that in hiring
applicants to the newly-created Department, priority shall be given to existing employees to be
affected by the reorganization.

Section 9. Organizational Structure of the Department — The Secretary is hereby
authorized to formulate and adopt an organizational structure for the Department, including the
creation of Regional offices nationwide and integrating the LGU-based local disaster council in
times of disaster, for the efficient and effective discharge of its powers and functions. The
staffing pattem of the Department shall be prescribed by the Secretary, in accordance with rules
and regulations prescribed by Civil Service Commission and the Department of Budget and
Management, within sixty (60) days after the approval of this Act. Authorized positions created
therein shall be filled by regular appointments by the President or the Secretary as the case
maybe, provided, however, that such individuals comply with the qualifications standards set by
the Civil Service Commission for the position that they shall be appointed to.

Section 10. Inter-Agency Committees — Upon request of the Department, all
government agencies involved in the approval and implementation of projects of the Department
or its duly authorized or endorsed entities, whether government or private, shall expeditiously act
upon and resolve the matter subject to the approval of the President, The Secretary may,
whenever necessary, initiate the activation of an ad-hoc interagency committee for an efficient
and effective orchestration of efforts of concerned entities in the implementation of programs,
projects and activities of the Department.

Section 11. Transitory Provision - The officers and employees of the abolished
NDRRMC and other offices shall continue in a hold over capacity until such time as the new
officers and employees of the Department shall have been duly appointed pursuant to the
provision of this Act.

Section 12. Appropriations — To carry out the provisions of this Act, the appropriations
for the current fiscal year as well as the existing funds, assets, and resources of the transferred

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and abolished offices to be identified in Section 8 hereof shall be transferred to the Department.
Thereafter, such amounts as maybe necessary to carry out the provisions of this Act shall be
included in the Annual General Appropriations Act.

Section 13. Coordination During Emergencies. — The Department, in coordination with
the local government units, shall take the lead in preparing for, responding to, and recovering
from the effects of any disaster. The Department shall always act as support to LGUs which have
the primary responsibility as first disaster responders. Private sector and civil society groups
shall work in accordance with the coordination mechanism and policies set by the Department
and conceed LGUs.

Section 14.Declaration of State of Calamity. - The Department shall recommend to the
President of the Philippines the declaration of a cluster of barangays, municipalities, cities,
provinces, and regions under a state of calamity, and the lifting thereof, based on a
predetermined criteria set. The President's declaration may warrant international humanitarian
assistance as deemed necessary, The declaration and lifting of the state of calamity may also be
issued by the local sanggunian, upon the recommendation of the Department, based on the
results of the damage assessment and needs analysis.

Section 15.Remedial Measures. - The declaration of a state of calamity shall make
mandatory the immediate undertaking of the following remedial measures by the Department as
defined in this Act:

(a) Imposition of price ceiling on basic necessities and prime commodities by the President upon
the recommendation of the implementing agency as provided for under Republic Act No. 7581,
otherwise known as the "Price Act", or the National Price Coordinating Council;

(b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;
(©) Programming/reprogramming of funds for the repair and safety upgrading of public
infrastructures and facilities; and

(@) Granting of no-interest loans by government financing or lending institutions to the most
affected section of the population through their cooperatives or people's organizations.

Section 16. Mechanism for International Humanitarian Assistance (a) The
importation and donation of food, clothing, medicine and equipment for relief and recovery and
other disaster management and recovery-related supplies is hereby authorized in accordance with
Section 105 of the Tariff and Customs Code of the Philippines, as amended, and the prevailing

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provisions of the General Appropriations Act covering national internal revenue taxes and import
duties of national and local government agencies; and

(b) Importations and donations under this section shall be considered as importation by and/or
donation to the Authority.

Section 17. Prohibited Acts. - Any person, group or corporation who commits any of the
following prohibited acts shall be held liable and be subjected to the penalties as prescribed in
Section 18 of this Act:

(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and
misuse of funds;

(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including
appropriate technology, tools, equipment, accessories, disaster teams/experts;

(© Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment
or other and commodities which are intended for distribution to disaster affected communities;
(d) Buying, for consumption or resale, from the recipient disaster affected persons any relief
g00ds, equipment or other aid commodities received by them;

(©) Selling of relief goods, equipment or other aid commodities which are intended for
distribution to disaster victims;

(8 Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned
to a specific group of victims or relief agency;

(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons
other than the rightful recipient or consignee;

(h) Accepting, possessing, using or disposing relief goods, equipment or other aid commodities
not intended for nor consigned to him/her;

(i) Misrepresenting the source of relief goods, equipment or other aid commodities by:

(1) Either covering, replacing or defacing the labels of the containers to make it appear
that the goods, equipment or other aid commodities came from another agency or persons;

(2) Repacking the goods, equipment or other aid commodities into containers with
different markings to make it appear that the goods came from another agency or persons or was
released upon the instance of a particular agency or persons;

() Making false verbal claim that the goods, equipment or other and commodity its
untampered original containers actually came from another agency or persons or was released
upon the instance of a particular agency or persons;

) Substituting or replacing relief goods, equipment or other aid commodities with the same
items or inferior/cheaper quality;

(k) Illegal solicitations by persons or organizations representing others as defined in the
standards and guidelines set by the PDPEMA;

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(D) Deliberate use of false at inflated data in support of the request for funding, relief goods,
equipment or other aid commodities for emergency assistance or livelihood projects; and

(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and
paraphernalia,

ion, or

Section 18. Penalty Clause. - Any individual, corporation, partnership, associ
other juridical entity that commits any of the prohibited acts provided for in Section 17 of this
Act shall be prosecuted and upon conviction shall suffer a fine of not less than Fifty thousand
pesos (Php50,000.00) or any amount not to exceed Five hundred thousand pesos
(php500,000.00) and imprisonment of not less than six (6) years and one (1) day but not more
than twelve (12) years 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 the
government of the objects and the instrumentalities used in committing any of herein prohibited
acts. 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 without prejudice to the cancellation or revocation of these
entities’ license or accreditation issued to them by any licensing or aceredited 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. However, the
prosecution for offenses set forth in Section 18 of this Act 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.

Section 19. Annual Report. - The Department, shall submit to the Office of the
President, the Senate and the House of Representatives, within the first quarter of the succeeding
year, an annual report relating to the progress of the implementation of the PDPEMP.

Section 20. Implementing Rules and Regulations, - The Department through its
Secretary, shall issue the necessary rules and regulations for the effective implementation of this
‘Act within ninety (90) days after approval of this Act. In consultation with key stakeholders, it
shall take the lead in the preparation of the implementing rules and regulations with the active
involvement of the technical management group of the Department.

Section 21. 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 Chairpersons of the Committees

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on National Defense and Security of both 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.

Section 22. Sunset Review. - Within five (5) years after the effectivity of this Act, or as
the need arises, the Congressional Oversight Committee shall conduct a sunset review. For
purposes of this Act, the term “sunset review" shall mean a systematic evaluation by the
Congressional Oversight Committee of the accomplishments and impact of this Act, as well as
the performance and organizational structure of its implementing agencies, for purposes of
determining remedial legislation.

Section 23. Repealing Clause. — Republic Act 10121 and all other laws, decrees,
executive orders, proclamations and other executive issuance's which are inconsistent with or
contrary to the provisions of this Act are hereby amended or repealed accordingly.

Section 24, Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain m full force
and effect.

Section 25. Effectivity Clause. - This Act shall take effect fifteen (15 days following its
complete publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved,

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