SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 1917 
Introduced by Senator Autonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
'13 
NOV 13 P 1 :29 
The past few months saw the country reeling from the unimaginable and heartwrenching 
magnitude and extent of the damage and destruction caused by a series of natural and man-made 
calamities starting from the Moro National Liberation Front (MNLF) Siege of part of 
Zamboanga City last September, the 7.2 magnitude earthquake which devastated the provinces 
of Bohol and parts of Cebu and other Visayan provinces last October 15, 2013; the strongest 
tropical cyclone on record to make landfall - Typhoon Yolanda (international codename: 
Haiyan) which hit the Visayas, Palawan and pther provinces on November 8, 2013, among 
others. Approximately 9.5 million people were affected by the last calamity, Supertyphoon 
Yolanda, and the estimated death toll of 10,000 is feared to continue to rise as rescue workers 
struggle to reach isolated areas ravaged by the deadly storm. 
The government is, thus, faced with an overriding urgency to respond to the plight of our people 
and communities who have been badly battered by the onslaught of these recent calamities. This 
has prompted President Benigno S. Aquino III to declare the country to be under a State of 
National Calamity pursuant to Proclamation No. 682 on November 11, 2013. 
While amendments to the 2014 General Appropriations Act (NAA) are being proposed to 
include significant amounts of funds which the Executive can immediately use to respond to the 
crises, there is an imperative need to provide more- substantial funds and resources and create a 
legal framework which will support the intermediate and long-term recovery, rehabilitation and 
reconstruction efforts for the communities damaged and devastated by the series of calamities. 
This measure seeks to create a National Calamity Recovery, Rehabilitation and Reconstruction 
Fund which shall provide substantial financial resources for the intermediate and long-terni 
reconstruction and rehabilitation of public infrastructure and for the rebuilding of homes and 
communities in the parts of the country affected by aforementioned and similar calamities. The 
appropriation for the aforesaid Fund shall be sourced from the Malampaya Fund collected 
through the Department of Energy under Presidential Decree No. 108. 
1 , 


~---------
Albeit the Malampaya Fund, which has a current balance ofP 137.3 Billion\ was created for the 
purpose of financing energy resource exploration, development and exploitation programs and 
projects of Government, empirical data show that it has not always been used for the said 
purpose. This is an opportune time to legislate a' new measure to harness and utilize these funds 
for the benefit of our people, particularly for the purpose of creating a critical resource to help 
our people and our country recover from the aforementioned series of calamities. 
In view of the foregoing, immediate enactment of this measure is earnestly sought. 
1 Please see "Treasurv: P137.3 Billion Malampava Fund Intact", an article published on 09 October 2013 in the 
Official Gazette (http://www.gov.ph/2013/10/09/btr-p137-3-b-malampaya-fund-intact/); Information retreived 
on 13 November 2013. 
2 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Sessiou 
) 
) 
) 
SENATE 
S.No. 1917 
Introduced by Senator Antonio "Sonny" F. Trillaues IV 
AN ACT 
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'13 
NOV 13 P 1 :29 
APPROPRIATING THE SUM OF FIFTY BILLION PESOS (P50,OOO,OOO,OOO.OO) FOR 
THE CREATION OF A NATIONAL CALAMITY RECOVERY, REHABILITATION 
AND RECONSTRUCTION FUND AND FOR OTHER RELATED PURPOSES 
Be it enacted by the Senate and the Hause af representatives af the Philippines in 
Congress assembled' 
1 
SECTION 1. Short Title. - This Act shall be known as the "National Calamity 
2 
Rehabilitation Act of 2013." 
3 
4 
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to assist 
5 
the victims in the communities damaged or destroyed or adversely affected by the following 
6 
natural and man-made calamities, particularly: 
7 
1. the Moro National Liberation Front. (MNLF) Siege of Zamboanga City last 
8 
September 2013; 
9 
2. the 7.2 magnitude earthquake which ravaged the Bohol, parts of Cebu and other 
10 
Visayan provinces last October 15, 2013; and-
. 
. 
11 
3. Super typhoon Yolanda (international code name: Haiyan) last November 8-9, 2013; 
12 
among others, and the aftereffects of the same, by extending to them aid, relief, resettlement, 
13 
rehabilitation, the repair and reconstruction of public infrastructure, homes and communities to 
14 
the end that life may return to normalcy at the earliest possible time and the development of 
15 
affected provinces may be accelerated. 
16 
It is hereby further declared the policy of the State to restore the living conditions of the 
17 
families and other members of the affected communities in the area to their productive pre-
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.... -~~~~~~~~~~~~-~~--------
1 
calamity conditions, with the resettlement sites being chosen according to their suitability as 
2 
permanent, safe and peaceful abodes thereby ensuring the development and improvement of 
3 
these communities. 
4 
The State acknowledges with sincere gratitude the invaluable contribution of foreign 
5 
governments, as well as countless individuals, organizations and financial institutions here and 
6 
abroad who have spontaneously and unselfishly contributed their time, effort and resources to the 
7 
relief and rehabilitation efforts for the affected communities. 
8 
9 
Section 3. National Calamity Recovery, Rehabilitation and Reconstruction Fund -
10 
There is hereby created a National Calamity Recovery, Rehabilitation and Reconstruction Fund 
11 
(hereinafter referred to as the 'National Rehabilitation Fund' or the 'Fund ') to provide financial 
12 
resources for the reconstruction and rehabilitation of public infrastructure and for the repair and 
13 
rebuilding of homes and communities in the parts of the country affected by above-mentioned 
14 
calamities, among other calamities, particularly but not limited to the following provinces/cities: 
15 
Northern Samar, Eastern Samar, Samar, Leyte, Southern Leyte, Biliran Island, Cebu Province, 
16 
Cebu City, Bantayan, Camotes Islands, Northern Negros Occidental, Capiz, Aklan, Antique, 
17 
Iloilo, Guimaras. 
18 
19 
SEC. 4. Appropriations. - The sum of Fifty Billion Pesos (P50,OOO,OOO,OOO.OO) is 
20 
hereby appropriated for the Fund to be charged against the net government share in the proceeds 
21 
of Service Contract No. 38 authorized under Section 8 of Presidential Decree (p.D.) No. 910, 
22 
otherwise known as the Malampaya Fund; provided, that Congress may appropriate additional 
, 
23 
funds to augment this initial appropriation as it may find appropriate and proper under the 
24 
circumstances in the course ofthe implementation of the plans and programs of the Commission. 
25 
26 
Section 5. Statement of Objectives and Guidelines. - The Fund is intended to help the 
27 
victims of the above-identified calamities and their aftereffects. It aims to provide substantial 
28 
funds and resources for the intermediate and long-term relief of the victims; to establish 
29 
resettlement centers, homesites and townsites for displaced families; to provide livelihood and 
2 


1 
employment opportunities; to repair, reconstruct or replace government infrastructure as well as 
2 
homes and communities damaged or destroyed by said disaster whenever economically, socially 
3 
and technically advisable; and to construct new infrastructure facilities for the affected 
4 
communities. 
5 
The term "victims" when used for purposes of this Act refers to the following: 
6 
(a) Individuals who have died or disappeared as a result of the aforementioned calamities; 
7 
(b) Individuals who were displaced and/or who sustained injury or suffered death in the 
8 
family as a result of the aforementioned calamities who need and deserve assistance; 
9 
and-
10 
(c) Individuals whose homes have been or are threatened to be destroyed or rendered 
11 
uninhabitable and those who have lost permanently their livelihood as a direct result 
12 
of the aforementioned calamities who similarly need and deserve assistance. 
13 
14 
Section 6. Guidelines in the Allocation of Funds. - The government funds and resources 
15 
herein appropriated and donations and constribitions collected shall be spent judiciously and 
16 
effectively in consonance with the principle of providing the greatest good for the greatest 
17 
number. Accordingly, the following guidelines shall be observed in allocating the funds made 
18 
available under this Act, thus: 
19 
(a) In the construction or repair and reconstruction of government infrastructure and 
20 
facilities, priority shall be given to rebuilding of homes and resettlement centers, homesites and 
21 
townsites, and such other related support projects as river system and drainage works, roads, 
22 
bridges, communication and power lines, hospitals, school buildings, irrigation and water 
23 
systems, and the like; 
24 
(b) Aid, relief, resettlement, rehabilitation and livelihood services shaH be equitably 
25 
extended to all victims, irrespective of political or party affiliation, sex, creed, religious belief, or 
26 
ethnic origin, or location, giving emphasis to livelihood and employment opportunities; 
3 


" 
1 
(c) Funds shall be allocated in the first year for the acquisition by appropriate government 
2 
agencies of special equipment, such as amphibians and other equipment designed for use in the 
3 
affected areas in an amount not to exceed Fifty Hundred million pesos (pSOO,OOO,OOO.OO); and-
4 
(d) No money shall be released except to the appropriate line agencies of the government 
5 
and/or the affacted local government units which shall act as the implementing agencies and 
6 
without any identified program and project nor shall the funds be used to pay obligations 
7 
incurred before the approval of this Act; 
8 
9 
SEC. 7. National Crisis Recovery, Rehabilitation and Reconstruction Commission. -
10 
The National Calamity Recovery, Rehabilitation and Reconstruction Commission (hereinafter 
11 
referred to as the 'National Rehabilitation Commission' or the 'Commission') is hereby 
12 
constituted to oversee the prioritization of programs and projects to be funded by the Fund and to 
13 
oversee by proper and optimal utilization of the aforesaid Fund. 
14 
The Commission shall be Chaired by the Executive Secretary and shall be composed of 
15 
the following members: 
16 
(a) the Secretary of the Department of Social Welfare and Development (DSWD); 
17 
(b) the Secretary of the Department of National Defense (DND); 
18 
( c) the Secretary of the Department of Health (DOH); 
19 
(d) the Secretary of the Department of the Interior and Local Goveniment (DILG); 
20 
(e) the Director-General of the National Economic and Development Authority (NEDA); 
21 
(t) the Secretary of the Department of Public Works and Highways (DPWH); 
22 
(g) the Secretary of the Department of Education (DepED); 
23 
(h) the Secretary of the Department of Budget and Management (DBM); 
24 
(i) the Secretary of the Department ofFinan.ce (DOF); 
25 
(j) the Executive Director of the National Disaster Risk Reduction and Management 
26 
Council (NPRMMC); 
27 
(k) the President of the Union of Local Authorities of the Philippines; 
28 
(I) the President of the League of Provinces of the Philippines; 
4 


1 
(m) the President of the League of Cities of the Philippines; 
2 
(n) the President of the League of Municipalities of the Philippines; 
3 
(0) the President of the Liga ng mga Barangay; 
4 
(p) four (4) members representing the private sector to be appointed by the President 
5 
from the affected communities; and-
6 
(q) the Executive Director of the Commission; 
7 
The Commission shall be organized within thirty (30) days after the approval of this Act. 
8 
The Commission shall have a term or'five (5) years from its organization; provided, that the 
9 
President by proclamation may, within six (6) months prior to the expiration of the term, extend 
10 
the period of its existence once for not more than three (3) years. Such amount as may be 
11 
necessary for the initial organization and/or operational expenses of the Commission shall be set 
12 
aside from the amount herein appropriated. 
13 
For administrative purposes, the Commission shall be attached to the Office of the 
14 
President. 
15 
16 
Section 8. Powers of the Commission. - To carry out its objectives under this Act, the 
17 
Commission shall have the following powers: 
18 
(a) To formulate policies and plans for the relief, rehabilitation, resettlement and 
19 
livelihood services as well as infrastructure support in harmony with the other plans and 
20 
policies of the National Government and other relevant agencies; 
, 
21 
(b) To prioritize and coordinate the implementation of the various programs and projects 
22 
of the Commission; 
23 
( c) To enter into, make, perform and carry out agreements and contracts of every class, 
24 
kind and description which are necessary to the realization of its purposes with any 
25 
person, firm or corporation, private or public, and, upon consultation with the President, 
26 
with foreign government entities, subject to the usual accounting and auditing 
27 
requirements; 
5 


1 
(d) To apply for, receive and accept grants and donation of funds, equipment, materials 
2 
and services for the rehabilitation and development of the affected communities, within 
, 
3 
and outside the Philippines; 
4 
( e) To monitor the progress of the relief, rehabilitation, resettlement and livelihood as 
5 
well as infrastructure support and rehabiliation and related support programs and 
6 
projects; 
7 
(f) To coordinate and consult with concerned national and local officials, both elective 
8 
and appointive, in the prioritization and prosecution of the programs and projects; 
9 
(g) To call upon any department, office, instrumentality, agency, or any political 
10 
subdivision of the Government for such assistance as may be necessary for the attainment 
11 
ofthe objectives of the Commission; 
12 
(h) To identify subsequent national crisises and/or calamities with such magnitude, 
13 
impact and/or effects similar to those identified in Section 2 hereof, the victims of which 
14 
may be included under the coverage ofthis Act; and -
15 
(i) In general, to perform such other powers as may be necessary and proper to carry out 
16 
the purposes of this Act. 
17 
18 
Section 9. Executive Director; Powers and Responsibilities. - The President shall 
19 
appoint a person of proven competence, integrity and experience as the Executive Director of the 
20 
Commission, who shall serve as the chief executive officer thereof. He shall have the rank, 
21 
compensation and renumeration of an Undersecretary and shall serve until such time as the 
22 
Commission is dissolved, unless sooner removed from office by the President. He shall have the 
23 
following powers and functions: 
24 
(a) Execute and administer the policies and decisions of the Commission; 
25 
(b) Directly coordinate the activities. of all agencies and 
in~trumentalities of the 
26 
Government in the planning and implementation of Commission's programs and projects; 
27 
(c) Monitor the programs and projects and evaluate the effects of execution by these 
28 
agencies and instrumentalities and submit to the Commission periodic reports relating to 
29 
the development of the areas; and 
6 , 


1 
(d) Perform such other functions as are inherently necessary in the operational 
2 
management of the areas to be rehabilitated and developed in accordance with the 
3 
policies and guidelines formulated by the Commission. 
4 
5 
Section 10. Implementation. - The survey, construction or repair and reconstruction of 
. 
. 
6 
damaged, destroyed, required or alternate government infrastructure and facilities shall be 
7 
undertaken by the implementing government agencies concerned by public bidding, 
8 
administration or through negotiated contracts whenever warranted by the emergency nature of 
9 
the programs or projects, as determined by the Commission, subject to the usual accounting and 
10 
auditing rules and regulations. Whenever suitable, labor-based technology shall be used in the 
11 
implementation of the programs and projects. 
12 
With respect to aid, relief, resettlement, rehabilitation and livelihood services to 
13 
individual beneficiaries, the Commission may seek the assistance and use the services of the 
14 
Philippine National Red Cross and all other relief agencies and volunteer organizations. with. 
15 
proven record in providing relief work. 
16 
The departments and agencies of the Government involved with the aid, relief; 
17 
resettlement, rehabilitation and livelihood services as well as infrastructure development and 
18 
support shall continue to be the implementing agencies of the Commission and shall submit to 
19 
the Commission every quarter the data and information required under Section 12 hereof. 
20 
21 
Section 11. Preference for Local Residents. - Residents in the affected areas, especially 
22 
the victims, shall be given preference in hiring or employment in the construction or repair and 
23 
reconstruction of damaged or destroyed government infrastructure and facilities and other labor 
24 
requirements in all other projects. 
25 
26 
Section 12. Report to Congress. - The Commission shall submit to the President and to 
27 
Congress a detailed quarterly report on the funds allocated indicating the amount released, 
28 
obligated and disbursed for: 
7 


1 
(a) Aid, relief, resettlement, rehabilitation and livelihood services, including the list of 
2 
names of approved individual beneficiaries and contractors and the evaluation of the 
3 
effectiveness of the delivery systems of such services;' and 
4 
(b) Construction or repair and reconstruction of infrastructure projects, including the list 
5 
of contractors and projects being financed, and the accomplishments for the expended 
6 
appropriations, including the percentage of completion. 
7 
The Commission shall cause to be disseminated in the community the list of beneficiaries 
8 
and contractors mentioned above. 
9 
The Commission shall also submit as part of the quarterly report a list of local and 
10 
foreign donors and the nature of their donations. 
11 
12 
Section 13. Joint Congressional Oversight Committee. - There is hereby created the 
13 
Joint Congressional Oversight Committee to monitor the implementation of this Act. The 
14 
Committee shall be composed of five (5) senators and five (5) representatives to be so designated 
15 
by the Senate and the the House of Representatives, respectiVely. The Oversight Committee shall 
16 
be co-chaired by a senator and a representative designated by the Senate President and the 
17 
Speaker of the House of Representatives, respectively. 
18 
The mandate given to the Joint Congressional Oversight Committee under this Act shall 
19 
be without prejudice to the performance of the duties and functions by the respective existing 
20 
oversight committees of the Senate and the House of Representatives. 
21 
22 
Section 14. Prohibition Against Running for Public Office. - An officer or employee of 
23 
the Commission shall not be qualified to be a candidate for public office for the election next 
24 
following his resignation or separation. This prohibition does not apply to the Chairman and ex 
25 
oficio members of the Commission. 
26 
27 
Section 15. Punishable Acts. - Any person who takes advantage of the calamity by 
28 
buying and selling relief goods which he knows or should be known to him as intended for 
29 
donation, or misrepresenting the source of relief goods, or submitting or approving a false or 
8 


1 
inflated claim shall be prosecuted and, upon conviction, suffer a fine of not less than Fifty 
2 
thousand pesos (PSO,OOO) nor more than One million pesos (p1,000,000) or imprisonment for not 
3 
less than six (6) years nor more than fifteen (IS) years, or both, at the discretion of the court, 
4 
including perpetual disqualification from public office if he is a public officer, and confiscation 
5 
or forfeiture in favor of the Government of any prohibited interest. 
6 
If the offender is a corporation, partnership or association, or other juridical entity, the 
7 
penalty shall be imposed upon the officer or officers of the corporation, partnership, association, 
8 
or entity responsible for the violation and, if such is lui alien, he shall, in addition to the penalties 
9 
prescribed, be deported without further proceedings after service of sentence. 
10 
11 
Section 16. Implementing Rules and Regulations. - The Commission shall, within thirty 
12 
(30) days from and after its organization, issue the necessary rules and regulations for the 
13 
effective implementation of this Act. 
14 
15 
Section 17. Separability Clause. -
If any provision of this Act shall be held 
16 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force 
17 
and effect. 
18 
19 
Section 18. Repealing Clause. - Any law,' decree, or rules lJ.nd regulations which are 
20 
inconsistent with or contrary to the provisions of this Act are hereby amended or repealed. 
21 
22 
Section 19. Effectivity Clause . ....: This Act shall take effect upon its publication in at least 
23 
two (2) national newspapers of general circulation. 
Approved. 
9