HOUSE OF REPRE

RECEIVED
REPUBLIC OF THE PHILIPPINES ee
HOUSE OF REPRESENTATIVES DATE:SD AN 2015
Quezon City qiwe:_ 97 oe

BY:,
SEVENTEENTH CONGRESS

First Regular Session

REGISTRATION UNIT
BILLS AND INDEX SERVICE

House Bill No. 108

~~ Introduced by MAGDALO Party-List Representative
HON. 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 permanent, 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 earnestly enjoined,

HOMGARYE. ALEJANO


10

n

12

13

14

15

16

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

House Bill No. 108

Introduced by MAGDALO Party-List Representative
HON. 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 2016".

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.


10

Soe

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

27

28

29

(a) 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.

(c) 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.

(0) 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.
(@ "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.
(©) "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.


10

oe

12

13

14

15

16

7

18

19

20

2a

22

23

24

25

26

7

28

29

() "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.

(@ "Emergency" refers to unforeseen or sudden occurrence, especially danger, demanding
immediate action.

(k) "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.

(D) "Hazard Risk Reduction” refers to activities that reduce the degree of long-term risk to human
life and property from natural and technological hazards.

(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.

(n) "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.

3


10

oe

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

27

28

(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.

‘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 0 f this Act shall serve for an additional one (1) year
to ensure continuity of the programs. The Director shaU 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:


10

che

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

27

28

(a) Formulate policies on emergency and disaster response and management, and develop a
comprehensive national Emergency and Disaster Prevention and Preparedness Plan.

(b) Advise the President on the status of emergency and disaster response, recovery, mitigation,
risk reduction, prevention and preparedness efforts being undertaken by concerned government
and private entities.

(c) Recommend to the President the declaration of a state of calamity in areas extensively
damaged and submit proposals to establish normalcy in the affected areas.

(d) Ensure that all emergency and disaster preparedness and mitigation activities such as training,

public information and other programs/projects requiring regional and international support shall

be carried out in accordance with duly established national policies.
(c) 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 disaster risk management framework.

(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
staffing pattern 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 organizations established by the Emergency

Field Offices throughout the country.

SEC. 8. The Emergency and Disaster Field Offices.- Emergency and Disaster Field

Offices shall be established in every region, province, city, municipality and barangay.


10

n

12

13

14

15

16

7

18

19

20

2

22

23

24

25

The Emergency and Disaster Field Offices each headed by a Director, shall coordinate all

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

SEC. 9. Powers and Functions of the Emergency and Disaster Field Offices. The
Emergency and Disaster 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.
(b) Identify hazards/disaster risks in their areas of responsibility and draw up counter-emergency
and disaster plans/strategies.
(©) Identify and source funding for specific emergency and disaster preparedness and
management projects.
(d) In consultation with the affected province, municipality or barangay, identiy evacuation
areas, whenever necessary.
(©) Coordinate with agencies and organizations invo Ived in emergency and disaster management
efforts within their jurisdiction: Provided, That the Board, by itself or through the Secretariat,
shall make all such coordinative efforts with similar entities on the national and international
levels.
(®) Organize volunteers in their respective jurisdictions who can be mobilized to undertake
emergency or disaster related work.
(@) Enforce curfews and compel forced evacuation whenever circumstances warrant such

a

ns.
(h) Deputize all law enforcement agencies m enforcing laws designed to protect the environment

and prevent disasters, and in implementing its task mentioned in paragraph of this section.


10

11

12

13

14

15

16

7

18

19

20

2a

22

23

24

25

26

27

28

29

SEC. 10. Responsibilities of Local Government.-
(a) Every local government must establish a disaster management council for the purposes of this,
Act.
(b) Every local government unit may unite with other local government units 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.
(d) Local development plans shall incorporate risk reduction management as a strategy in

sustainable development.

(e) Local government units must ensure that its actions m exercising or performing its functions,
duties and powers under this Act are not inconsistent with any national disaster risk management

requirement.

SEC. 11. Importations and Donations of Food, Clothing, Medicines and Equipment
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 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 connection

with calamities which may occur during the budget year or those that occurred in the past two (2)
years from the budget year, including training of personnel and other pre-disaster activities and

7


10

cb

12

13

4

15

16

17

18

19

20

2

22

23

24

25

26

27

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,