NINETEENTH CONGRESS OF THE PHILIPPINES 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S.B.No. 66
O
DATE
BILLS
INDEX
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO
AN ACT
CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD), 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
"...for whatsoever a man soweth, that shall he also reap."
Galatians 6:7 (KJV)
Today is the best time to prepare our nation against calamities and disasters. 
Today is the best of times to plant the seeds of preparedness.
The more that we prepare, the more we are able to cope with disasters. The 
readiness and resilience of our nation against disasters and calamities lie significantly 
in our own actions. We must do away with the "ningas cogon" approach to disasters 
where we work hard only at the beginning but become negligent later on. A sustained 
perseverance and persistence is required to substantially reduce disaster risk and 
losses in lives and livelihoods. While through the years there has been some progress 
in building disaster mitigation, the two significant changes we have not made are 
addressing climate change and putting up a specialized department on disaster 
resilience.
In the 2021 World Risk Report, the Philippines ranked eighth out of 181 
countries in terms of disaster risk. Manila, the country's capital, has also been ranked 
by the Climate Change Vulnerability Index [CCVI] as the most vulnerable of the 
world's 20 “high growth cities" to the effects of climate change. Further, according to 
Berlin-based environmental organization Germanwatch, the Philippines ranked 4th 
among countries most affected by climate-related weather catastrophes from 2000 
to 2019. The country sits along the Pacific Ring of Fire, rendering it susceptible to 
various natural catastrophes. The problem is compounded by gaps in the 
implementation of laws and regulations. These include, but are not limited to, non- 
compliance with laws such as the National Building Code and Fire Code of the 
Philippines, the lack of evacuation procedures, the prevalence of illegal logging, the 
building of structures on rivers and waterways which impede the flow of water, and 
the non-segregation of garbage in violation of law.


According to the Asian Disaster Preparedness Center, there are different 
models on disaster management The traditional approach to disaster management 
has been to regard it as a number of phased sequences of action or a continuum. This 
can be represented as a cycle. However, more modern models view it as a continuous 
process, or a sequence of cause and effect, or a system of addressing the underlying 
causes of disasters towards safer conditions. In many countries around the world, 
there are specialized agencies at the department level which deal with disasters. 
There are a few which have a task force model that the President/Prime Minister 
controls.
The present law on disasters. Republic Act No. 10121, otherwise known as the 
“Philippine Disaster Risk Reduction and Management Act of 2010“, revolutionized 
and pioneered disaster risk reduction and management in the country. Signed into 
law on May 27,2010, it ordained a National Disaster Risk Reduction and Management 
Council with policy-making, coordination, integration, supervision, monitoring and 
evaluation functions. When the Act was signed into law some three years ago, it was 
hailed as a landmark legislation which adopts the pillars of disaster risk reduction 
and management in the country. Today, the Act continues to be relevant in 
preventing/mitigating, preparing for, and responding to disaster, yet recent 
experience shows as that our disaster risk reduction management model needs to 
adapt to our culture and existing circumstances
However, legislation should be created, or old legislation revisited, to promote 
effectivity and efficiency, as well as accountability, responsibility, and transparency. 
Differences between the national government and local governments as regards 
structures should be reconciled, where appropriate, and areas for improvement 
addressed. For instance, in the present law, there must be a mechanism that responds 
to the eventuality of a total or considerable breakdown of authority resulting from a 
humanitarian emergency or disaster. This requires response that goes beyond the 
mandate or capacity of the local government unit concerned. Otherwise, there would 
be a paralysis in the disaster response system and people affected by the disaster 
would not be able to receive critical life-saving interventions and relief.
In today's world, disasters are a fact of life. Some emergencies may be totally 
prevented, while others may not be averted. We may not be able to stop disasters, 
however, we can empower ourselves with knowledge, training/education, 
equipment/tools, and the right infrastructure to cope with disasters, so many lives 
would not be lost and there would be less devastation. A window of opportunity exists 
to sow seeds of preparedness in order to reap resilience to disasters. While we have 
very good people in the National Disaster Risk Reduction and Management Council, 
it is high time that the government provides for a focused, single-minded, specialized 
department to upgrade the government's capacity to respond to disasters in an 
effective and speedy manner.
Philippine experience shows that there is a need to establish a clear chain of 
command in times of major disasters, a focused and specialized single government 
agency that functions not only after the occurrence of disasters, but works all-year- 
round to ensure that effective mechanisms for disaster risk reduction are in place 
even before a disaster occurs since the effects of climate change and the prevalence 
of disasters now seem to constitute the “new normal". Such specialized Department 
shall bear laser-like preciseness in focus, give primacy to pre-disaster resilience


building, and prioritize life preservation and basic subsistence needs in the 
communities affected by a disaster. The dignity and value of the human life must be 
its guidepost and the deterrence of loss of lives is its ultimate mission. It shall prevent 
human misery because disasters often cause the loss of life, human suffering, loss of 
income, and property loss and damage. Disasters also disrupt the normal functioning 
of governments and communities, adversely affecting individuals and families.
The Department must be simple in character, independent yet connected and 
coordinated, empowered, capacitated, national in scope, and civilian in character in 
order to carry out its mandate effectively. It must not be a mere coordinating body 
which operates on an ad hoc basis. It has long been established that, under the 
principle of administrative convenience, the efficiency of the delivery of frontline 
services is enhanced through the creation of a full pledged department, which is 
dedicated to an area of service within its primary competence.
The proposed legislation establishes the ERD, which shall take over the policy- 
making, coordination, integration, supervision, monitoring and evaluation functions 
of the present ad hoc inter-agency council. The proposed department is equipped 
with bureaus specifically tasked to deal with concerns related to the pillars of disaster 
risk reduction and management, namely, disaster prevention and mitigation; disaster 
preparedness; and humanitarian and disaster response. The functions of the bureaus 
are specified to ensure performance of their critical mandates and roles before, 
during and after a humanitarian emergency or disaster.
The Department is given supervisory functions over the Philippine 
Atmospheric, Geophysical and Astronomical Services Administration and the 
Philippine Institute of Volcanology and Seismology to ensure that its goal of saving 
lives and property, during the onslaught of a disaster, is better fulfilled.
In order to ensure accountability and the responsible use of public funds, the 
proposed legislation designates the Department as the manager of the Humanitarian 
Emergency Assistance and Disaster [HEAD) Fund, and all donations, monetary or 
otherwise, and establishes mechanisms of audit, reporting, and public information 
with regard to the funds and donations received. Moreover, the legislation penalizes, 
in clear and unequivocal terms, the corruption of funds and/or donations devoted to 
disaster risk reduction and management efforts. The penalty for such corruption of 
funds and/or donations is heavier than those penalties prescribed under the 
Philippine Disaster Risk Reduction and Management Act of 2010. This would express 
a strong policy of the State against corruption and its intolerance of greed, during 
times of utmost need, in times of disasters.
Furthermore, the Department is given visitorial powers to ensure that funding 
and donations to all entities are used actually, directly, and exclusively/solely for 
disaster risk reduction efforts. To further strengthen its mandate of ensuring the 
protection and preservation of life and properties before, during and after the 
occurrence of disasters, the Department is also equipped with emergency and 
contingency powers, such as commandeering and calling out the Armed Forces of the 
Philippines and the Philippine National Police in order to repress lawlessness and 
maintain peace and order in a disaster-stricken area. The Department is also 
empowered to declare a state of calamity in a locality, in consultation with the local 
government unit concerned, according to established guidelines and protocols


developed by the Department.
The ultimate goal of this proposed legislation is to uphold the value of human 
life and the dignity of every person by efficiently and effectively addressing 
humanitarian emergencies, including disasters, through the establishment of such a 
focused and accountable Department on disaster risk reduction and management. 
The end in view consists of preventing or deterring the loss of lives and the social, 
economic, cultural, and environmental assets of the country, before, during and after 
a disaster or other humanitarian emergency. The perspective of the legislation is 
"humanitarian" since it gives supreme value to human life.
In view of the foregoing, approval of this bill is most urgently and earnestly 
recommended.
ALAN PETER "COMPANERO" S. CAYETANO


NINETEENTH CONGRESS OF THE PHILIPPINES 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S.B.No. RR
BILLS a INDEX
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO
AN ACT CREATING THE EMERGENCY RESPONSE DEPARTMENT (ERD), 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Short Title. - This Act shall be known as the '‘Emergency Response 
Department [ERD) Act".
State:
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
(a) 
To uphold the sacredness of human life by efficiently and effectively 
addressing humanitarian emergencies, including calamities and 
disasters, through the establishment of a focused, streamlined, 
independent, empowered, capacitated, full-time, specialized agency on 
disaster risk reduction and management as well as emergency 
response , which is national in scope and civilian in character. The 
people are the most important assets of the nation, and all disaster risk 
reduction and management efforts shall be responsive to the 
humanitarian needs of the people, the dignity and value of the human 
person, and respect for property;
(b) 
To promote a simplified, strategic, systematic, continuous, 
comprehensive, inclusive, and integrated approach to disaster risk 
reduction and management, with the end in view of substantially 
reducing vulnerabilities and the risk of disasters and other 
humanitarian emergencies, towards the preservation of life and 
property, thereby ultimately preventing or deterring the loss of lives and 
the social, economic, cultural, and environmental assets of the country;
(c) 
To establish a permanent, institutionalized, cohesive and 
comprehensive framework for disaster preparedness, prevention and 
mitigation, and response, to be implemented by a full time and focused 
specialized agency with its own mandate, powers, and funding, in 
coordination and with the participation of the Philippine government, 
other foreign governments and financial institutions, international 
organizations, the private sector, and civil society.


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In disaster risk reduction and management, disaster prevention 
and mitigation shall, first of all, aim the outright avoidance of the adverse 
impacts of hazards and related disasters. However, with the knowledge 
and capacities to effectively anticipate, respond to, and recover from, the 
impacts of likely, imminent or current hazard events or conditions, 
preparedness action shall be carried out in the most effective and 
efficient manner. In a disaster scenario, the response shall ensure the 
provision of emergency services and public assistance, during or 
immediately after, a disaster;
(d) To create an integrated, systematic, comprehensive, and cohesive plan 
to simplify, streamline, integrate, and coordinate the various programs, 
projects, and activities of the Government and such other 
actors/stakeholders in disaster risk reduction and management to 
ensure accountability, responsibility, and transparency, as well as to 
achieve efficiency and effectiveness of in the performance of their 
functions.
SECTION 3. Definition of Terms. - For purposes of this Act, the following shall 
refer to:
(a) 
Contingency Planning - a management process that analyzes 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;
(b) 
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;
(c) 
Emergency - any occasion or instance for which, in the determination of 
the President, national assistance is needed to supplement local 
government efforts and capabilities to save lives and to protect property 
and public health and safety, or to lessen or avert the threat of a 
catastrophe in any part of the country;
(d) 
Emergency Management - the organization and management of 
resources and responsibilities for addressing all aspects of emergencies, 
in particular preparedness, response and initial recovery steps;
(e) 
Geographic Information System - a database which contains, among 
others, geo-hazard assessments, information on climate change, and 
climate risk reduction and management;
(f) 
Government - includes the National Government, and any of its 
subdivisions, agencies or instrumentalities, including government- 
owned and controlled corporations and their subsidiaries, and Local 
Government Units;


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(g) 
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;
(h) 
Humanitarian - one devoted to the promotion of human welfare and the 
advancement of social reform;
(i) 
Response - any and all projects, programs, plans, and activities 
pertaining to action or inaction to prevent/mitigate, prepare for, and 
generally perform any and all activities in relation to, disasters and other 
humanitarian emergencies. This includes, but is not limited to, the 
provision of emergency services and public assistance during or 
immediately after a disaster. Disaster response that is predominantly 
focused on immediate and short-term needs and is sometimes called 
"disaster relief; and
0} 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.
Chapter I
THE DEPARTMENT PROPER
SECTION 4. Emergency Response Department. - To carry out the above- 
declared policy, there is hereby created the Emergency Response Department, 
hereinafter referred to as the Department, which shall prepare, integrate, coordinate, 
implement, supervise, control, monitor, and evaluate all plans, programs, projects, 
and activities of the Government on humanitarian emergency assistance and disaster 
risk reduction and management.
SECTION 5. Powers and Functions. - In addition to the powers and functions 
provided by this Act, the Department shall also assume the policy-making, 
coordination, integration, supervision, monitoring and evaluation functions currently 
lodged with the existing National Disaster Risk Reduction and Management Council 
(NDRRMC), and shall take over all of the latter's responsibilities enumerated in 
Section 6 of Republic Act No. 10121. It shall also assume the powers and functions of 
the Office of the Civil Defense (OCD) as enumerated in Section 9 of Republic Act No. 
10121.
To this end, all references to the NDRMMC and the OCD in Republic Act No. 
10121 shall be understood to refer to the Department created under this Act.
The Department shall also have administrative supervision and control over 
the existing Regional Disaster Risk Reduction and Management Offices (RDRRMOs), 
and the Local Disaster Risk Reduction and Management Offices [LDRRMOs}, 
organized in all provinces, cities/municipalities and barangays in the country, which 
are hereby thereafter called Regional Emergency Response Offices (REROs) and Local 
Emergency Response Offices [LEROs], respectively.


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SECTION 6. Composition. - The Department Proper shall be composed of the 
Office of the Secretary and the Offices of the Undersecretaries and Assistant 
Secretaries, and the bureaus and services of the Department.
SECTION 7. Office of the Secretary. - The Office of the Secretary shall consist 
of the Secretary and his/her immediate staff.
SECTION 8. The Secretary. - The Secretary shall be appointed by the 
President, subject to confirmation by the Commission on Appointments.
The Secretary shall have the following powers and functions:
(a) 
Advise the President in issuing executive orders, regulations, 
proclamations and other issuances, the promulgation of which is 
expressly vested by law in the President relative to matters under the 
jurisdiction of the Department;
(b) 
Establish the policies and standards for the effective, efficient, and 
economical operation of the Department pursuant to a national disaster 
risk reduction and management framework which shall provide for a 
comprehensive, all-hazards, multi-sectoral, inter-agency and 
community-based approach to humanitarian emergency assistance and 
disaster risk reduction and management, in line with Section 6(a) of the 
Philippine Disaster Risk Reduction and Management Act of 2010;
(c) 
Promulgate rules and regulations necessary to carry out department 
objectives, policies, functions, plans, programs, and projects;
(d) 
Promulgate administrative issuances necessary for the efficient 
administration of the offices under his/her jurisdiction and for the 
proper execution of the laws relative thereto;
(e) 
Exercise direct supervision and control over all functions and activities 
of the Department, as well as all its officers and personnel;
(f} Create regional offices and such other service units and divisions, as may 
be necessary; and
(g) Perform such other functions as may be necessary and/or proper to 
attain the objectives of this Act.
SECTION 9. The Undersecretaries. - The Secretary shall be assisted by four 
(4) Undersecretaries in the performance of the Department's functions and duties 
related to the pillars of disaster risk reduction and management, namely, [a] disaster 
preparedness, [b) disaster response, and (c) disaster prevention and mitigation. 
Another undersecretary shall be in charge of administrative and finance services.
The Undersecretaries shall be appointed by the President upon the 
recommendation of the Secretary. They shall have the powers and functions, as 
provided for in Section 10, Chapter 2, Book IV of the Administrative Code of 1987, 
relative to the scope of their responsibilities as provided above.


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The Office of the Undersecretaries shall consist of the Undersecretaries and 
their respective immediate staff.
SECTION 10. Assistant Secretaries. - The Secretary shall also be assisted by 
three (3) Assistant Secretaries, one (1} for trainings; one (1) for operations; and one 
[1] for legal affairs. The Assistant Secretaries shall be appointed by the President 
upon the recommendation of the Secretary.
SECTION 11. Qualifications. - No person shall be appointed Secretary, 
Undersecretary, or Assistant Secretary of the Department, unless he/she is a citizen 
and resident of the Philippines, of good moral character, and of proven experience or 
competence/expertise in humanitarian relief assistance and disaster management 
over the course of his/her career. The Secretary, Undersecretary, or Assistant 
Secretary shall not hold any other position, public or private, during his/her tenure.
SECTION 12. Bureaus and Service. - Subject to the power of the Secretary, 
with the approval of the President, to reorganize, restructure, and redefine the 
functions of the bureaus and services for the effective discharge of the powers and 
functions of the Department under this Act, the Department shall have the following 
bureaus and service:
(a) Bureau of Hazard Education and Risk Mitigation;
(b) Bureau of Disaster Preparedness;
(c) Bureau of Humanitarian Emergency Relief Operations; and
(d) Bureau of Administration and Finance,
SECTION 13. Powers and Functions of the Bureaus and Service. - The
bureaus and service shall have the following powers and functions:
(a) The Bureau of Hazard Education and Risk Mitigation shall assist the 
Secretary in the formulation of policies, programs, and plans related to disaster 
prevention and mitigation, as defined in Sections 2(k} and 2[i}, respectively, of the 
Philippine Disaster Risk Reduction and Management Act of 2010. In particular, it shall 
take the lead in:
(1) Making an inventory and checklist of all personnel, equipment, and 
supplies critical during disasters in all local government units, in accordance 
with protocols and contingency plans, and endeavoring that the same be 
provided to the local government unit within a period of twelve (12} months 
upon the passage into law of this Act;
(2) Conducting a review of the National Building Code and Fire Code of 
the Philippines, together with the relevant government department, and 
submitting the results thereof to the Senate and House of Representatives of 
the Philippines, with a view of developing legislation, which seeks to 
strengthen infrastructure in line with disaster prevention and mitigation;


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(3) Developing, updating, and maintaining a national geographic 
information system which shall be the basis of national, regional, and local 
disaster protocols and contingency plans, which shall be under the control and 
custody of the Department. The same shall also be maintained at all local 
government units, as possible;
(4) Mainstreaming and integrating disaster risk reduction and 
management (DRRM) and climate change adaptation (CCA) in all national, 
sectoral, regional and local development policies, plans and budgets, relating 
to environmental protection, including, but not limited to, those for land use 
and natural resource management, enforcement and updating of all national 
legislation relating to modification of infrastructure towards resiliency;
(5) Developing and implementing community-based and scientific DRR- 
CCA hazard assessment, mapping, analysis, and monitoring;
(6) Establishing disaster risk financing, insurance, and other risk 
transfer mechanisms at the community level;
(7) Establishing, developing and improving the end-to-end monitoring 
and forecasting of hazards, including early warning systems and practices;
(8) Such other functions relevant to its mandate of disaster prevention 
and mitigation.
(b) The Bureau of Disaster Preparedness shall assist the Secretary in the 
formulation of policies, programs, and plans related to disaster preparedness, as 
defined in Section 2(j) of the Philippine Disaster Risk Reduction and Management Act 
of 2010. In particular, it shall take the lead in:
(1) Developing DRRM and CCA information, education, communication 
and advocacy plans;
(2) Developing standard DRRM training modules and the conduct of 
trainings, simulation exercises, and other capacity-building activities for 
communities and specific groups, including, but not limited to, quick respond 
teams, frontline government and private responders, and humanitarian aid 
workers;
(3) Establishment of a 24-hour National Operation Center consolidating 
all relevant information on disaster prevention such as hazard maps, hospitals, 
evacuation centers, NDRRMC offices, among others;
(4) Developing and monitoring the implementation of locality-based 
DRRM contingency plans;
(5) Developing and implementing comprehensive, scenario-based 
national and local preparedness policies, plans and systems, in primary 
coordination with the local government unit/s concerned, in the wake of an 
imminent humanitarian emergency and/or disaster. Such policies, plans, and 
systems include, but are not limited to, preventive evacuation; the


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procurement of facilities, equipment, tools, systems and other mechanisms to 
cope with the effects thereof; the deployment of essential personnel and 
manpower in critical areas of concern; and the formulation of such other 
courses of action to avert the loss of lives, livelihood and/or property;
(6) Strengthening the partnership and coordination between and among 
all key players and stakeholders in a humanitarian emergency and/or disaster;
(7) Preparing the criteria and procedure for the enlistment of accredited 
community disaster volunteers (ACDVs), and the drafting of a manual of 
operations for ACDVs, in consultation with relevant stakeholders; and
(8} Such other functions relevant to its mandate of disaster 
preparedness.
(c) The Bureau of Humanitarian Emergency Relief Operations shall assist the 
Secretary in the formulation and implementation of policies, programs, and plans 
related to disaster response, as defined in Section 2(1) of the Philippine Disaster Risk 
Reduction and Management Act of 2010. In particular, it shall take the lead in the 
following activities, in primary coordination with the local government unit/s 
concerned:
(1) Establishing and implementing a comprehensive, well-coordinated, 
effective and efficient Disaster Response Action Plan (DRAP) for every 
humanitarian emergency or disaster, with the primary goal of preventing or 
deterring the loss of lives, property and livelihood;
(2) Developing and implementing an integrated and coordinated system 
of search, rescue and retrieval (SRR), and evacuations procedure;
(3) Establishing a mechanism to ensure the prompt and accurate 
assessment of damage in disaster areas, including, but not limited to, the loss 
of lives, bodily injuries, damages to infrastructure and public facilities, and the 
destruction of social, economic, cultural, and environmental assets;
(4) Establishing a mechanism to ensure the prompt and accurate 
assessment of humanitarian needs in disaster areas, including, but not limited 
to, food, nutrition, health, clothing, shelter, livelihoods, water, sanitation, 
hygiene, protection, and the preservation of peace and order;
(5) Identifying standard-based relief shelters and sites for internally 
displaced persons, as well as developing and implementing of a set of minimum 
standards for such temporary shelters;
(6) Supplementing the efforts of the local government unit concerned in 
providing basic social services, livelihood-oriented activities and psychosocial 
interventions to the affected population, whether inside or outside temporary 
shelters; and
(7) Such other functions relevant to its mandate of disaster response.


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In case there is total or considerable breakdown of authority resulting from the 
humanitarian emergency or disaster, which requires response that goes beyond the 
mandate or capacity of the local government unit/s concerned, the Bureau shall, with 
prior authorization from the Department, directly formulate, implement, manage and 
coordinate all disaster response activities. In such case, the Department shall be 
possessed with the power to call upon other agencies and instrumentalities of 
government, and neighboring local government units, to augment, supplement 
and/or implement disaster response efforts. Further, the authority of the Bureau 
shall be provided, described, and limited in the authorization.
(d) The Bureau of Administration and Finance shall be composed of the Office 
of the Legal Counsel and the Financial and Management Office. The Office of the Legal 
Counsel shall be responsible for providing legal services and advice on all policies, 
programs, and operational matters of the Department. It shall provide legal 
counseling services in cases where the Department is a party and shall also handle 
administrative cases against any personnel of the Department and submit 
recommendations pertaining thereto.
The Financial and Management Office, which shall consist of the Human 
Resources Management Division, General Services Division, and the Finance Division, 
shall be responsible for providing the Department with services relative to personnel 
information, records, supplies, equipment, collection and disbursements, security, 
and custodial work. It shall also be responsible for providing the Department with 
staff advice and assistance on budgetary, financial, and management improvement 
matters.
Chapter II
ATTACHED AGENCIES AND COORDINATION WITH OTHER ENTITIES
SECTION 14. Relationship with Other Government Departments. - In the
discharge of their respective responsibilities, the Department's bureaus shall 
coordinate with the relevant Government departments, agencies, offices and 
instrumentalities, whose powers and functions are relevant to each bureau's 
respective focus area.
SECTION 15. Coordination with Other Entities. - The Secretary is hereby 
empowered to constitute, call, convene, meet with, and/or deputize agencies of 
government, or an aggrupation or cluster thereof, to assist, advise or otherwise 
coordinate with the Secretary. The representatives from the civil society/non­
governmental organizations and the private sector may also be included, as 
necessary, as members of the coordination mechanism called for by the Secretary.
SECTION 16. Attached Agencies. - The Philippine Atmospheric, Geophysical 
and Astronomical Services Administration (PAG-ASA) and the Philippine Institute of 
Volcanology and Seismology (PHIVOLCS) are hereby placed under the supervision of 
the Department; Provided, however, that they shall continue to perform their 
respective functions as provided by law.


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Chapter III
THE HUMANITARIAN EMERGENCY ASSISTANCE 
AND DISASTER FUND, DONATIONS, AND ACCOUNTABILITY
SECTION 17. Humanitarian Emergency Assistance and Disaster Fund. -
At least one percent (1%) of the estimated revenue from regular sources of 
government, or Twenty Five Billion Pesos (PhP 25,000,000,000.00), whichever is 
higher, shall be set aside as an annual lump sum appropriation for unforeseen 
expenditures arising from the occurrence of calamities: Provided, however, That such 
appropriation shall be used only in the area, or a portion thereof, of the country 
declared as in a state of calamity.
The present National Disaster Risk Reduction and Management Fund 
(NDRRMF) and the Local Disaster Risk Reduction and Management Fund [LDRRMF) 
shall henceforth be known as the Humanitarian Emergency Assistance and Disaster 
Fund (HEAD Fund) and Local Humanitarian Emergency Assistance and Disaster Fund 
(Local HEAD Fund), respectively.
The Department shall manage, mobilize, and with the approval of the 
President, release resources for disaster risk reduction and management, including 
the funds herein provided for. It shall also monitor and provide the necessary 
guidelines and procedures for the release, utilization, accounting, and auditing of the 
Local HEAD Fund.
There shall also be created a regular fund for the personnel, resource 
requirements, and other administrative costs related to the operations of the 
Department.
SECTION 18. Donations. - All monetary contributions, and donations in kind 
from local or international sources, including, but not limited to, equipment, food, 
clothing, medicine, and related supplies from international and local sources, shall be 
coordinated with the Department. This central coordination mechanism would 
ensure that the same are equitably and properly allocated and utilized actually, 
directly and solely/exclusively for disaster risk reduction and management efforts.
The Department shall maintain and make publicly available a complete, 
accurate, timely, and separate record of such donations, indicating the particular 
areas where such were allocated, and the exact purposes for which the same were 
utilized.
SECTION 19. Accountability, Responsibility, Transparency, and Access to 
Information. - The Department and all regional and local councils and offices under 
its supervision or control, shall make available to the public for scrutiny, copying, and 
reproduction, (i) any and all records of their financial transactions, including, but not 
limited to, donations received, funds allocated, and amounts disbursed; (ii) all 
information pertaining to their official acts, transactions or decisions; and (iii) 
relevant research data used as basis for policy development, regardless of the 
physical form or format in which such record, information, or data is contained.
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information or data on their websites, which shall be regularly updated every fifteen 
(15) days. In case of voluminous records, information or data, the Department and/or 
local government units concerned may, in its/their discretion, upload only an 
executive summary thereof, with a note outlining the procedure/requirements to 
obtain full access to the complete record, information, or data.
The record, information, or data uploaded in the websites may be withdrawn 
after a period of three (3) years from the time of uploading; Provided, That an abstract 
thereof shall remain uploaded in the website, with an indication of the dates of 
posting and withdrawal, and a note outlining the procedure/requirements to obtain 
full access to the withdrawn record, information, or data.
Chapter IV
TRANSITORY PROVISIONS
SECTION 20. Abolition of the Office of Civil Defense; Transfer of Powers 
and Functions. - The Office of Civil Defense is hereby abolished, and its powers and 
functions are hereby transferred to the Department. The foregoing transfer of powers 
and functions shall include all applicable funds and appropriations, records, 
equipment, property, and personnel, as may be necessary.
The Department shall, by virtue of this Act, be subrogated to all the rights and 
assume all the liabilities of the Office of Civil Defense, and all other agencies, or 
government units whose functions and powers have been transferred to the 
Department, and all their funds, records, property, assets, equipment, and such 
personnel as necessary, including unexpended appropriations and/or allocations. All 
contracts and liabilities of the said offices, agencies, and government units are hereby 
transferred to and assumed by the Department and shall be acted upon in accordance 
with the Auditing Code and other pertinent laws, rules, and regulations; Provided, 
That the officers and employees of said offices, agencies, and government units shall 
continue in a holdover capacity until such time as the new officers and employees of 
the Department shall have been duly appointed pursuant to the provisions of this Act.
The same shall apply to agencies and government units which have not been 
abolished, but whose functions have been transferred to the Department.
SECTION 21. Structure and Staffing Pattern. - The organizational framework 
and staffing pattern of the Department shall be prescribed and approved by the 
Secretary within sixty (60) days after the approval of this Act and the authorized 
positions created therein shall be filled by regular appointments by the President or 
the Secretary as the case may be; Provided, That, in the filling of positions created, 
preference shall be given to the personnel of the Office of Civil Defense.
SECTION 22. Separation from Service. - Employees separated from the 
service as a result of this reorganization shall, within six (6) months from their 
separation from the service, receive the retirement benefits to which they may be 
entitled under existing laws, rules, and regulations.
SECTION 23. Appropriations. - The amount needed for the initial 
implementation of this act shall be taken from the current year's appropriations of
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the National Disaster Risk Reduction and Management Council, the Local Disaster 
Risk Reduction and Management Councils, and the Office of Civil Defense. Thereafter, 
the amount needed for the operation and maintenance of the Department and its Line 
Agencies shall be included in the annual General Appropriations Act.
Chapter V
MISCELLANEOUS PROVISIONS
SECTION 24. Visitorial Powers. - The Secretary of the Department and/or 
his/her authorized representative shall have visitorial and examining authority over 
governmental and non-governmental entities engaged in post-disaster relief in order 
to ensure that all donations, financial or otherwise, coursed through them, are 
actually used for disaster risk reduction and management efforts.
During such examination, the entity concerned shall produce all the reports, 
records, books of accounts, and other papers that may be required.
The refusal by any such entity to allow an examination of its books of accounts 
and pertinent records, or the concealment of any material information concerning its 
financial status, shall constitute a legal ground for the cancellation of its registration, 
and the revocation of all tax-exemption privileges and other benefits granted to it by 
law, in the case of a non-governmental entity, or the institution of any proper legal 
action against the erring official concerned, in case of a governmental entity.
SECTION 25. Stand-by Arrangements with the Private Sector. - At any time, 
the Secretary of the Department shall have the power to negotiate, enter into, 
institutionalize, and coordinate arrangements with any private person, natural or 
juridical, for the purpose of ensuring the adequate, prompt, and ready availability of 
all goods and services, necessary for disaster response, for as long as the emergency 
circumstances require, to be deployed before, during, and after an emergency or 
disaster, subject to the payment of just compensation in appropriate cases.
SECTION 26. Commandeering Private Property for Public Purpose. - The
Secretary of the Department shall have the power to commandeer any private 
property for. Urgent public purpose, subject to payment of just compensation in 
appropriate cases, when there is a clear and present danger that a disaster or 
humanitarian emergency would cause imminent loss of lives and/or the massive 
destruction of property, and time is of the essence. The commandeering powers shall 
last no longer than necessary or for as long as the circumstances require.
The refusal by any such person or entity to be commandeered, shall constitute 
a legal ground for the cancellation of its registration, if any, and the revocation of all 
tax-exemption privileges and other benefits granted to it by law, in the case of a non­
governmental entity, or the institution of any proper legal action against the erring 
official concerned, in case of a governmental entity. In addition, the official of the 
establishment, situation, or functionality shall be subjected to a fine and/ or 
imprisonment as provided for in Sec. 28 of this Act.
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SECTION 27. Declaration of State of Calamity. - Whenever warranted by 
circumstances, the Department shall recommend to the President of the Philippines 
the declaration of a state of national calamity and the lifting thereof. It shall also have 
the power to, motu proprio or upon the favorable recommendation of the LDRRMCs, 
declare a cluster of barangays, municipalities, cities, provinces, and regions under a 
state of calamity, and the lifting thereof, based on the criteria set by the Department. 
The President's declaration shall entail access to international humanitarian 
assistance, as deemed necessary.
The declaration and lifting of the state of calamity shall be based on the results 
of the damage assessment and needs analysis. The causes, effects and incidents of the 
calamity and the need for the declaration shall be specified.
SECTION 28. Emergency and Contingency Powers. - Whenever it becomes 
necessary, the Department Secretary, subject to the chain of command and with the 
consent of the President, may call out the Armed Forces of the Philippines and/or the 
Philippine National Police to prevent or suppress lawless violence, and to ensure the 
protection and preservation of life and/or properties, in the whole range of disaster 
risk reduction and management.
In times of disasters, and whenever warranted by the circumstances, the 
Department Secretary may call upon other instrumentalities or entities of the 
government and nongovernment and civic organizations for assistance in terms of 
the use of their facilities and resources for the protection and preservation of life and 
properties in the whole range of disaster risk reduction and management. This 
authority includes the power to call on the reserve force as defined in Republic Act 
No. 7077 to assist in relief and rescue during disasters or calamities.
SECTION 29. Prohibited Acts. - In addition to the prohibited acts penalized 
under Section 20, in relation to Section 19, of the Philippine Disaster Risk Reduction 
and Management Act of 2010:
(a) Any person, group or corporation who directly or indirectly requests or 
receives any part of the funds devoted to disaster risk reduction and management, as 
well as monetary contributions and donations in kind, where such person, group or 
corporation has no right to receive such proceeds from the fund, in whole or in part, 
monetary contribution or donation, shall be guilty of the crime of corruption of 
calamity funds or donations, and shall be prosecuted and upon conviction shall suffer 
a fine of not less than One Hundred Fifty Thousand Pesos (Phpl50,000.00) or any 
amount not to exceed One Million Five Hundred Thousand Pesos (Phpl,500,000.00}; 
or imprisonment of not less than twelve (12] years and one [1] day, nor more than 
twenty (20) years, or both, 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 the herein prohibited act;
[b] Any person who, with intent to gain, but without violence against or 
intimidation of persons nor force upon things, shall take personal property devoted 
to any disaster risk reduction and management activity, without the consent of the 
Secretary, shall be guilty of the crime of qualified theft, and shall be prosecuted and
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upon conviction shall be punished by the penalties next higher by three degrees than 
those respectively specified in Article 309 of the Revised Penal Code;
(c) Any public officer who, by reason of the duties of his office, is accountable 
for calamity funds or property devoted to disaster risk reduction and management 
efforts, shall appropriate the same or shall take or misappropriate or shall consent, 
through abandonment or negligence, shall permit any other person to take such 
public funds, or property, wholly or partially, or shall otherwise be guilty of the 
misappropriation or malversation of such funds or property, shall be punished by the 
penalties next higher by three degrees than those respectively specified in Article 217 
of the Revised Penal Code;
In all the above, 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 accredited 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.
The prosecution for the offenses 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 30. Implementing Rules and Regulations. - The Department shall 
issue the necessary rules and regulations for the effective implementation of this Act 
within ninety [90} days after approval of this Act. The Secretary, in consultation with 
relevant government agencies and other key stakeholders, shall take the lead in the 
preparation of the implementing rules and regulations.
SECTION 31. 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 all disaster risk reduction and management efforts, and a detailed 
inventory of available personnel, supplies and equipment. Such reports shall be made 
available to the public for scrutiny, copying, and reproduction, and shall also be 
uploaded in the Department's website.
SECTION 32. 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 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 33. Sunset Review. - Within five [5} years after the effect!vity of this 
Act, or as the need arises, the Congressional Oversight Committee shall conduct a
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systematic evaluation of the accomplishments and impact of this Act, as well as the 
performance and organizational structure of the Department, for purposes of 
determining remedial legislation.
SECTION 34. Repealing Clause. - All references to the NDRMMC in existing 
laws, including, but not limited to, the Philippine National Disaster Risk Reduction 
and Management Act of 2010, shall be understood to refer to the Department created 
under this Act
All other laws, decrees, executive orders, proclamations, and other executive 
issuances which are inconsistent with or contrary to the provisions of this Act are 
hereby amended or repealed accordingly.
SECTION 35. Separability Clause. - If any provision of this law is declared 
unconstitutional, the remaining provisions thereof not affected thereby shall remain 
in full force and effect
SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) national newspapers of general 
circulation.
Approved,
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