FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
'1 
First Regular Session 
1 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Our country's geographic location makes us prone to natural hazards. 
Because the Philippines occupies the western rim of the Pacific Ocean, a most 
active portion of the earth that is occupied by an ocean-encircling belt of active 
volcanoes and earthquake generators. Earthquakes occur every now and then. 
There are 22 potentially active volcanoes in the country. We experience an 
average of 22 typhoons per year, with at least 5 destructive ones. 
Presidential Decree 1566 aimed at strengthening the Philippine disaster 
control capabilify and establishing the national program on community disaster 
preparedness. It likewise created the National Disaster Coordinating Council in 
1978. In almost 30 years of effectivity, PD 1566 seems incapable of completely 
addressing disaster issues. 
This proposed bill seeks to put in place a National Disaster Management 
Council which will have the responsibility of developing, formulating and 
implementing a National Disaster Risk Management Plan. It also effectively 
decentralizes disaster management strategies down to the barangay level. 
This measure is. the product of a series of consultations with various 
stakeholders. Trusting their righteous objective and proficiency in the matter, the 
immediate enactment of this proposed measure into law is earnestly sought. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
STRENGTHENING 
PHILIPPINE 
DISASTER 
RISK 
MANAGEMENT 
CAPABILITY 
BY 
ESTABLISHING 
THE 
NATIONAL 
DISASTER 
MANAGEMENT COUNCIL AND INSTITUTIONALIZING THE NATIONAL 
DISASTER 
RISK 
MANAGEMENT 
PLAN, 
APPROPRIATING 
FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Congress assembled: 
Risk Management Act 2008." 
SECTION 1. Title - This Act shall be known as the "Philippine Disaster 
SECTION 2. Declaration of Policy - It shall be the policy of the State to: 
a. Provide comprehensive, all-hazards, multi-sectorallinteragency 
and community-based approach to disaster risk management 
that focuses on preventing or reducing disaster risks, mitigating 
socio-economic and environmental impacts of disasters, 
undertaking disaster preparedness, and initiating raid and 
effective disaster response and integrated rehabilitation and 
recovery program. 
b. Achieve excellence in civil protection through a coherent, 
integrated, proficient and responsive disaster risk reduction and 
disaster management at all levels of government, including 
community and household levels, and integration of disaster risk 
reduction, as appropriate, into the national, regional and local 
development policies, plans and budgets, as a vital component 
of the government's sustainable development and poverty 
reduction strategy. 
C. Strengthen capacity development for disaster risk reduction at 
the individual, organizational and institutional levels. 
d. Recognize the importance of understanding local risk patterns 
and the need to decentralize responsibilities and resources for 
disaster risk reduction to regional and local authorities. 
e. Encourage participation of non-government organizations, 
private sector, community-based organizations and community 
members in disaster risk management and response to ensure 
a unified and integrated efforts as well as complementation of 
resources in this regard. 
f. Adopt and implement the universal declarations, norms and 
principles in disaster risk reduction and humanitarian assistance 
as one of the concrete steps to sustainable development. 
4 


a 
b 
C 
d 
e 
f. 
g 
h 
I .  
j. 
k. 
I. 
“Disaster” is an event, natural or human-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, and may 
need 
additional 
external 
assistance 
from 
other 
communitieslareas. 
“Emergency” refers to unforeseen or sudden occurrence, 
especially danger, demanding immediate action. 
“Hazard” is a potentially damaging phenomenon or human 
activity that may cause the loss of life or injury, property 
damage, social and economic disruption, and environmental 
degradation. 
“Vulnerability” is a set of conditions resulting from physical, 
social, economic and environmental factors which increase 
susceptibility to losses from the impact of natural or human- 
made hazards. 
“Risk” is the probability of harmful consequences or expected 
losses resulting from interactions between natural hazards and 
vulnerable conditions. 
“Risk Management” is the process of identifying, analyzing 
and quantifying the probability of losses in order to undertake 
preventive or corrective actions. 
“Disaster Risk Management” is a comprehensive set of 
distinct but interrelated activities in the pre-disaster phase, 
namely, risk identification, risk reductionlmitigation, risk transfer, 
and preparedness, and in the post-disaster phase, namely, 
emergency 
response, 
rehabilitation 
and 
recovery, 
and 
reconstruction. 
“Risk Identification and Analysis” is a thorough analysis of 
existing vulnerabilities, location, severity and intensity of threat. 
By determining the underlying causes of vulnerabilities makes it 
possible to eliminate or reduce them. 
“Risk 
Reduction 
or 
PreventionlMitigation” refers 
to 
measures aimed to eliminate or reduce the intensity of 
hazardous event. Such measures include but not limited to 
formulation and implementation of policies, programs, projects 
and activities to reduce physical, social and environmental 
vulnerability such as enforcement of comprehensive land use 
planning, building and safety standards, and legislation. 
“Risk ’Transfer” refers to the mechanisms or arrangements 
which do not reduce or prevent actual vulnerability but aimed 
transfer, share andlor finance the risk in order to protect local 
communities and the country from the financial and economic 
impacts of disasters. 
“Disaster Preparedness” refers to pre-disaster actions and 
measures undertaken to avert or minimize loss of life and 
property, such as but not limited to early warning system, 
community organizing, training, planning, equipping, stockpiling, 
hazard mapping and public information and education initiatives. 
“Disaster Response” 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. This stage 
is relatively short and includes activities such as damage 
7 
SECTION 3. Definition of Terms - As used in this Act. 
L 


assessment 
and 
needs 
analysis, 
search and rescue, 
evacuation, emergency medical care, provision of temporary 
shelter, and emergency repair/restoration of vital infrastructures 
and lifelines. 
m. “Rehabilitation” refers to the process by which the affected 
communitieslareas or damaged public infrastructures, are 
restored to their proper or normal level of functioning or their 
actual condition prior to the occurrence of the disaster/calamity. 
n. “Reconstruction” refers to activities that revitalize affected 
economic sectors, rebuild critical infrastructure, and allocate 
appropriate budgetary resources, among others. Such activities 
should incorporate mitigation measures to reduce vulnerabilities 
of future disasters. 
0. “Capacity” is the ability of people, organizations and society as 
a whole to manage their affairs successfully. 
p. “Capacity Development” is the process whereby people, 
organizations and society as a whole unleash, strengthen, 
create, adapt and maintain capacity over time. 
q. “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. 
r. “National Disaster Risk Management Plan” is the master plan 
formulated and revised, when necessary, by the NDMC which 
sets forth the strategic concept, organization, tasks of 
participating agencies and other guidelines to deal with 
disasters or emergencies. The NDRM Plan should be integrated 
in the National Development Plan and budget. 
s. “Community-based Disaster Risk Management or CBDRM” 
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. 
SECTION 4. SCOPE - This act provides for all the actions and 
measures pertaining to risk identification and analysis, risk reduction or 
preventionhitigation, and preparedness in the Pre-disaster Phase, and 
response, rehabilitation and reconstruction, in the Post-Disaster Phase, as 
defined under this Act. 
SECTION 5. National Disaster Management Council (NDMC) 
a. Composition. 
The present National Disaster Coordinating 
Council (NDCC) established under PD 1566 shall henceforth be 
known as the National Disaster Management Council or the 
NDMC. It shall be composed of the following: 
Chairman 
Vice-chairman 
Members 
Secretary, Department of National Defense (DND) 
Secretary, Department of Social Welfare and Development 
(DSWD) 
Secretary, Department of the Interior and Local 
Government (DILG) 
Secretary, Department of Health (DOH) 
Secretary, Department of Agriculture (DA) 
Secretary, Department of Public Works and Highways 
(DPWH) 
3 


Secretary, Department of Environment and Natural 
Resources (DENR) 
Secretary, Department of Labor and Employment (DOLE) 
Secretary, Department of Education (DepEd) 
Secretary, Department of Trade and Industry (DTI) 
Secretary, Department of Justice (DoJ) 
Secretary, Department of Science and Technology (DoST) 
Secretary, Department of Transportation and 
Communication (DoTC) 
Secrefary, Department of Finance (DoF) 
Secretary, Department of Budget and Management (DBM) 
Secretary, Department of Energy (DOE) 
Secretary, Department of Foreign Affairs (DFA) 
Secretary, Presidential Management Staff (PMS) 
Secretary, Office of the Press Secretary 
Director-General, National Economic Development 
Authority (NEDA) 
Secretary-General, Philippine National Red Cross (PNRC) 
Chief of Staff, Armed Forces of the Philippines (AFP) 
Chief, Philippine National Police (PNP), DlLG 
Fire Chief, Bureau of Fire Protection (BFP), DlLG 
Adminisfrator, National Mapping Resources Information 
Authority (NAMRIA) 
Director, Mines and Geo-Sciences Bureau (MGB), DENR 
Director, Environmental Management Bureau (EMB), 
DENR 
Director, Philippine Atmospheric, Geophysical and 
Astronomical Services Administration (PAG ASA), DoST 
Director, Philippine Institute of Volcanology and 
Seismology (PHIVOLCS), DOST 
Director, Philippine Nuclear Research Institute (PNRI), 
DOST 
Commissioner, National Anti-Poverty Commission - 
Victims of Disaster and Calamities (NAPC-VDC) 
Administrator, Office of Civil Defense, DND 
Commandant, Philippine Coast Guard (PCG), DOTC 
Two (2) Representatives from Non-Government 
Organizations (NGOS') 
Representative from the Association of Barangay Captains 
(ABC) 
Two (2) representatives from national level People's 
Organization 
The Administrator of the Office of Civil Defense shall serve as NDMC's 
Executive Officer. The Council, in discharging its functions, shall utilize the 
services and facilities of the OCD, which shall also act as the Secretariat of the 
NDMC. 
The NDMC shall establish an operating facility to be known as the 
"National Disaster Management Center" which shall be manned on a twenty-four 
(24) hour basis by personnel of the Office of Civil Defense 
b. Functions. As a management body, the NDMC is empowered with 
policy-making, coordination, integrating, supervisory, monitoring and 
' The two NGO rcprcscnfativcs shall be selected from among their mnks based on the crilcria set for this 
piirpose. 
4 


evaluation functions to effectively carry out the following tasks and 
responsibilities. namelv: 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
Advises 'the President on actions required for effective disaster 
risk management by the national and local governments, local 
communities and private sector. 
Ensures that adequate measures are taken by government 
agencies and local government units for the preparation and 
updating of multi-hazard maps to prevent or mitigate, prepare for 
and respond to disasters and to assist in the recovery from the 
effects of.disaster. 
Formulates a National Disaster Risk Management Plan 
(NDRMP) and ensures that then NDRMP will be considered l 
integrated in the National framework for Physical Planning 
(NFPP) and Medium Term Philippine Development Plan 
(MTPDP). 
Ensures that all relevant laws, rules and regulations, and 
technical standards are properly synchronizedlcoordinated. 
Provides the necessary guidelines and procedures on Calamity 
Fund releases as well as utilization, accounting and auditing 
thereof. 
Recommends to the President the declaration of a state of 
calamity in areas extensively damaged and submit proposals to 
restore normalcy in the affected areas, to include calamity fund 
allocation, if necessary. 
Fosters and facilitates the participation of non-government 
organizations (NGOs) and POs in measures taken by the 
government agencies for disaster preparedness, mitigation, 
response and rehabilitationlrecovery. 
Advises the lower level Disaster Management Councils (DMCs) 
through the OCD, in accordance with the guidelines on disaster 
risk management. 
Conducts periodic assessment of local DMC performance and 
NDMC member-agencies. 
1O.Develops a National Disaster Risk Management Framework 
(NDRMF) which should adhere with the policies enunciated in 
Section 2 of this Act. The NDRMF shall provide for a 
comprehensive, all-hazard, multisectoral, interagency and 
community-based approach to disaster risk management that 
covers set of distinct but interrelated activities in the pre-disaster 
phase such as risk l hazard identification, risk reduction, 
prevention and mitigation, and preparedness, and emergency 
response rehabilitation and recovery, in the post-disaster phase. 
The Framework shall serve as principal guide in the 
development and implementation of disaster risk management 
programs, projects and activities defined herein. It shall be 
reviewed on a 5-yr interval, or as necessary, to ensure its 
relevance and be attuned to development trends in DRM and 
local situation. 
SECTION 6. Authority of the NDMC Chairman - The Secretary of DND 
as Chairman of NDMC may call upon other instrumentalitieslentities of the 
government and non-government 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 case of emergencies or disasters. Towards this end, the 
NDMC Chairman is hereby authorized to restructure and reorganize the Office of 
Civil Defense as the Executive Directorate and the Secretariat of the NDMC 
within a 5-year implementation period, to ensure that civil defense services and 
5 


disaster risk management programs are carried out and implemented at the 
lowest government and community levels. 
SECTION 7. Organization at the Regional Level - At the regional level, 
there shall be constituted a Regional Disaster Management Council (RDMC) with 
the Regional Director of the PNP as Chairman and the OCD Regional Director as 
the Council’s Executive Officer. The Council shall be composed of the executives 
of the regional and equivalent offices of the NDMC member-agencies and shall 
establish an operating facility to be known as the “Regional Disaster 
Management Center.” 
SECTION 8. Organization at the Local Government - The focal points 
for coordination of disaster management activities at the local level are the 
Provincial, City, Municipal and Barangay Disaster Coordinating Councils 
established under PD 1566, which shall henceforth be known as the Provincial, 
City, Municipal and Barangay Disaster Management Councils (PICIMIS DMCs). 
a. Functions of the Local Disaster Management Councils 
1. Identify, assess and manage the hazards and risks that may 
occur in their locality. 
2. Communicate about those hazards and risks, their nature, 
effects, early warning signs and countermeasures. 
3. Identify 
and 
implement 
cost-effective 
risk 
reduction 
measureslstrategies. 
4. Take all necessary steps on an ongoing basis to maintain and 
provide or to arrange the provision of, or to otherwise make 
available suitably trained and competent personnel for effective 
civil defence and disaster risk management in its area. 
5. Respond to and manage the adverse effects of emergencies in 
its area 
6. Carry out recovery acfivities within its area, promote and raise 
public awareness of and compliance with this Act and legislative 
provisions relevant to the purpose of this Act. 
7. Develop, approve, implement and monitor disaster risk 
management plans and regularly review and test the plan for 
internal consistency as well as to ensure its vertical and 
horizontal compatibility with other relevant planning programs. 
8. Establish linkagelnetwork with other local government units for 
disaster risk reduction and emergency response purposes. 
9. Formulate their own local ordinances consistent with the 
requirements of this Act. 
10. Integrate risk reduction into local development plans, programs 
and budgets as a strategy in sustainable development and 
poverty reduction. 
11.Establish an 
operating 
facility 
to 
be known as 
the 
ProvinciallCitylMunicipalIBarangay 
Disaster 
Management 
Center. 
12.Prepare and submit report on the utilization of the 5% local 
calamity fund to the local COA, copy furnished the local DILG. 
Provirrcial Disaster Management Council 
The Provincial Disaster Management Council (PDMC) shall be 
composed of the Provincial Governor as Chairman, the Provincial Director 
of the Philippine National Police as Vice Chairman, the Vice Governor, 
organic provincial officials as well as national officials working in the 
provincial level, the Provincial Administrator of the Philippine National Red 
6 


Cross and two (2) other representatives of non-government organizations 
operating in the province, as members. 
City Disaster Management Council 
The City Disaster Management Council (CDMC) shall be composed 
of the City Mayor as Chairman, the Chief Police as Vice-chairman, the 
Representative of each Congressional District in the city, the Vice Mayor, 
organic city officials as well as national officials working at the city level, 
the City Administrator of the Philippine National Red Cross and two (2) 
other representatives of non-government organizations operating in the 
city, as members. 
Municipal Disaster Management Council 
The Municipal Disaster Management Council (CDMC) shall be 
composed of the Municipal Mayor as Chairman, the Chief of Police as 
Vice-chairman, the Vice-Mayor, organic municipal officials as well as 
national officials working at the municipal level, the Municipal 
Administrator of the Philippine National Red Cross and two (2) other 
representatives of the non-government organizations operating in the 
municipality, as members. 
Barangay Disaster Management Council 
The Barangay Disaster Management Council shall be composed of 
the Punong Barangay as Chairman, organic barangay officials and 
leaders of people’s organizations, as members. 
SECTION 9. Local Disaster Management Office (DMO) 
a. There shall be established a Local Disaster Management Office in 
every province, city, municipality and barangay which shall assist the 
Local Disaster Management Councils in setting the direction and 
development of disaster risk management programs and coordinating 
disaster response activities within their jurisdiction. 
b. The DMO shall be under the Office of the Governor, City/Municipai 
Mayor and Punong Barangay which shall be organized and initially 
manned by a Disaster Management Officer to be assisted by three (3) 
staff units, namely, Administrative and Training; Research and 
Planning; and Operations and Warning. 
The Provincial, City, Municipal or Barangay Disaster Management 
Office shall have the following functions: 
1. Implements policies, plans and programs of 
the LDMC 
consistent with the policies and guidance laid down in this Act. 
2. Assesses training needs on DRM and conducts training for 
stakeholders. 
3. Developslstrengthens mechanisms for partnershiplnetworking 
with private and public sector organizations. 
4. Prepares and submits to the Local Sanggunian, through the 
local DMC, the annual programming of the five percent (5%) 
local calamity fund and other regular funding sourcels and 
budgetary support of the DMO and local DMCs. 
5. Serves as the Secretariat and Executive Arm of the Local DMCs 
6. Coordinates disaster risk management activities. 
7 


7. Acts on other matters that may be authorized by the Local 
Disaster Management Council. 
Section IO. Funding of Disaster Management Activities at the local 
level. Five percent (5%) of the estimated revenue from regular sources shall be 
set aside as local disaster management fund for disaster risk reductionlmitigation 
and prevention, and preparedness activities for potential occurrence of disasters, 
as well as for disaster response, rehabilitation, reconstruction and other works or 
services in connection with disasters or calamities, whether natural or human- 
made, occurring within the LGU or other areas, and for the payment of premiums 
on calamity insurance, provided, however, that such fund shall be used for the 
following: 
a. For 
disaster 
risk 
reductionlmitigation 
and 
prevention, 
and 
preparedness activities such as enforcement of comprehensive land 
use planning enunciated in Sec. 20, par. c. Local Government Code of 
1991, building code, technical standards on safety, risk identification 
and analysis, hazard mapping, early warning, training and education, 
public awareness, environmental protection, setting up of response 
mechanisms on fire suppression, emergency medical service, search 
and rescue, relief and evacuation, damage assessment and needs 
analysis, and Incident Command System, equipping of response 
teams; planning, organization, and conduct of community drills and 
exercises, consistent with established policies and guidelines jointly 
determined by the NDCC and the LGUs. 
b. For disaster response, rehabilitation and reconstruction of areas 
affected by a disaster or calamity as may be determined and 
recommended by the local DMC concerned, based on the LDMC 
damage assessment of the situation and declared under a state of 
calamity by the local Sanggunian concerned. 
c. For payment of premiums for calamity insurance coverage against loss 
or damage due to fire, typhoon, flood, earthquake, landslide and other 
natural or human-made disasters to ensure rehabilitation and 
reconstruction of damaged public buildings, roads and bridges, and 
other vital infrastructures. 
d. Provided that the appropriation and flexibility on the utilization of the 
local disaster management fund by the LGUs shall be based on the 
DRM work and financial plan of the local DMO submitted to the local 
Sanggunian: Provided, finally that the unexpended calamity fund 
balances shall be treated as a continuing appropriation to support the 
above disaster risk management activities. 
The Local Development Council shall monitor and evaluate the use and 
disbursement of local disaster management fund based on the local 
disaster risk management plan as incorporated in the local development 
plans and annual Work and Financial Plan. 
SECTION 11. Office of Civil Defense. The Office of Civil Defense, as a 
bureau of the Department of National Defense and Secretariat of the National 
Disaster Management Council, shall have the primary mission to administer a 
comprehensive national civil defense and disaster risk management program by 
providing leadership in the continuous development of strategic and systematic 
approach as well as measures to reduce the vulnerabilities and risks to hazards. 
a. Functions. To effectively carry out its Mission, the OCD shall have the 
following functions: 
8 


1 .  Advises the NDMC on matters relating to disaster risk 
management coherent with the policies and scope as defined in 
this Act. 
2. Identifies, assesses and prioritizes hazards and risks considered 
of national importance, in consultation with NDCC member- 
agencies concerned. 
3. Spearheads the development of 
National Disaster Risk 
Management Framework referred to in Section 5 (b), no. 10 of 
this Act. 
4. Develops and monitors the implementation of the National 
Disaster Risk Management Plan, evaluate and review the same 
every five (5) years, or sooner as necessary, and ensure that it 
is integrated in the National Framework for Physical Planning 
and the MTPDP. 
5. Oversees the development andlor enforcement by regulatory 
agencies and other organizations that have responsibilities 
under this Act such laws, guidelines, codes, or technical 
standards that may be required for the purposes of this Act. 
6. Monitors the performance of agencies that have responsibilities 
under this Act. 
7. Promotes Disaster Risk Management through public education 
and awareness policies and programs that are consistent with 
the purpose of this Act. 
8. Maintains and operates the National Disaster Management 
Center (NDMC). 
9. During a state of national calamity, directs and controls the 
resources available for disaster risk management as defined 
under this Act. 
10. During a state of calamity at the local government level, provides 
advice and assistance to the affected LGUs, as necessary. 
11. Serves as Secretariat of the NDMC. 
b. NDMC Secretariat - The OCD shall serve as the Secretariat of the 
NDMC. As such, it shall have the following functions: 
1. Records, 
prepares, 
disseminates 
and 
files 
the 
proceedingshndertakings of NDMC and its Technical Working 
Groups and Committees; 
2. Plans, monitors and evaluates the programs and activities of 
NDMC Technical Working Group and Committees; 
3. Implements the Emergency Management Information System 
and Geographic Information System as established by the 
NDMC, and 
4. Monitors the extent of implementation of disaster risk 
management programs by NDMC member-agencies, regional 
and local DMCs and submits reports to the Chairman, NDMC, 
Office of the President, Congress and other concerned 
authorities. 
SECTION 12. Planning for Disaster Risk Management - The National 
Disaster Risk Management Plan shall provide for the hazards and risks to be 
managed at the national level; disaster risk management approacheslstrategies 
to be applied in managing said hazards and risks; plan objectives and the 
relationship of each objective with the National Disaster Risk Management 
Framework; agency roles and responsibilities at all government levels, and 
vertical and horizontal coordination of disaster risk management in the pre- 
disaster and post-disaster phases. 
9 


The NDRMP shall be the basis for the preparation of implementing plans 
of NDMC member-agencies and DMCs at the regional and local levels. 
All agency implementing plans shall be documented, updated and 
submitted to the NDMC through the Office of Civil Defense within six (6) months 
from the effectivity of this Act. 
SECTION 13. Accredited Community Disaster Volunteers (ACDV) - A 
national roster of Accredited Community Disaster Volunteers (ACDV) shall be 
maintained and monitored by the Office of Civil Defense for purposes of payment 
of compensatory benefits of this Act. Criteria and procedures for accreditation of 
and a Manual of Operations for volunteers shall be developed by the OCD in 
consultation with various stakeholders. Accreditation will be done at the 
municipal level. 
SECTION 14. Compensatory Benefits - Any ACDV who incurs death or 
injury while engaged in any of the activities defined under this Act shall be 
entitled to compensatory benefits and individual personnel accident insurance as 
may be defined in the implementing rules and regulations thereof. 
SECTION 15. Declaration of a State of Calamity 
a. The declaration of a State of Calamity may be issued either by the 
President of the Philippines or the local Sanggunian upon the 
recommendation of the LDMC, based on appropriate criteria and 
guidelines to be promulgated by the NDMC. 
b. The Representative of the Congressional District in the affected local 
government units shall be duly informed of the declaration of a state of 
calamity by the OCD or local DMO, in case of a presidential 
declaration, and local government declaration, respectively. They are 
to be informed so that they can take the proper action in their 
respective districts. Such information shall include the occurrence and 
nature of disaster, extent of damage incurred, affected areas and 
population, human casualties and actions taken by concerned 
agencies as well as release of funds for emergency response and 
rehabilitation purposes, if any. 
SECTION 16. Remedial Measures - The declaration of a State of 
calamity shall make mandatory the immediate undertaking of the following 
remedial measures by concerned agencies: 
a. Automatic imposition of price control on basic necessities in areas 
declared under a state of calamity by the President of the Philippines 
or by i:he local government unit which should be implemented only 
within a reasonable time frame and in coordination with the 
Department of Trade and Industry. 
b. Monitoring, prevention and control of overpricing/profiteering and 
hoarding of prime commodities, medicines and petroleum products by 
the local Price Coordinating Council. 
c. Programminglreprogramming of funds for the repair and safety 
upgrading of public infrastructures and facilities as approved by the 
DBM and subject to existing government budgeting, accounting and 
auditing rules and regulations. 
d. Granting or restructuring of loans by government financing or lending 
institutions upo'n certification of proper authority. 
e. Restructuringlcondonation of 
loans of 
affected 
persons and 
corporations whose operations are seriously impaired by calamity, 
10 


subject to actuarial studies, financing viability assessment and 
judgment of lending GFIIGOCCs. 
SECTION 17. Mechanisms for International Humanitarian Assistance 
a. The irnportation and donation of food, clothing, medicine and 
equipment for relief and rehabilitation and other disaster management 
related supplies is 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 national and local 
government agencies. 
b. Importations and donations under this Section shall be considered as 
importation by andlor donation to the National Disaster Coordinating 
Council, subject to the approval of the Office of the President. 
SECTION 18. Release, Allocation and Accounting of the National 
Calamity Fund 
a. The National Calamity Fund (NCF) appropriated under the General 
Appropriations Act (GAA) shall be used for aid, relief, rehabilitation, 
reconstruction and other works or services in connection with 
calamities which may occur during the budget year or those that 
occurred in the past two years from the budget year, including training 
of personnel and other pre-disaster activities and capital expenditures 
for pre-disaster operation, rehabilitation and other related activities, in 
order or priority as may be determined by the NDMC. 
b. A Quick Response Fund (QRF) is hereby constituted to support the 
initial and immediate disaster response operations and needs of the 
NDMC and its participating agencies for the current year. The amount 
necessary for the continuous funding of the QRF shall be included in 
the annual General Appropriations Act. 
c. The specific amount of the QRF for the NDMC and appropriate 
participating agencies shall be recommended by the NDMC to the 
President and shall be administered by the NDMC 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. 
d. All departmentslagencies and local government units that were 
allocated with calamity fund shall submit to the NDMC their monthly 
statements on the utilization of calamity funds and make an accounting 
thereof in accordance with existing accounting and auditing rules. 
SECTION 19. Mechanism for Relief Operations during Election Time 
- During election time, the PNRC assumes from the DSWD a lead role in the 
provision of relief assistance to calamity-affected areas unless the latter is 
granted exemption by the COMELEC. 
SECTION 20. Funding of OCD. - As the lead agency to carry out the 
provisions of this Act, the OCD shall be allocated additional budget from the 
annual General Appropriations Act as may be determined by Congress based on 
the OCD budget proposal to be submitted for this purpose. 
SECTION 21.Prohibited Acts. - Any person, groups or corporation who 
commits any of the following prohibited acts shall be held liable and be subjected 
to the penalties as prescribed in Section 22. 
\ I  


a, 
b. 
C. 
d. 
e. 
f. 
9, 
h. 
I. 
j. 
k. 
Dereliction of duties which lead to damages or death and misuse 
funds; 
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 aid commodities which are intended 
for distribution to disaster victims; 
Buying, for consumption or resale, from the recipient disaster victims 
any relief goods, equipment or other aid commodities received by 
them; 
Hijacking or forcibly seizing relief goods, equipment or other aid 
commodities intended for or consigned to a specific group of victims or 
relief agency; 
Diverting or misdelivering relief goods, equipment, or other aid 
commodities to persons other than the rightful recipient or consignee; 
Accepting, possessing, using or disposing relief goods, equipment, or 
other aid commodities not intended for nor consigned to him; 
Misrepresenting the source of relief goods, equipment or other aid 
commodities by: 
1. E3her 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 or a particular agency or persons. 
3. Making false verbal claim that the goods, equipment, or other 
aid commodity in its untampered original containers actually 
came from another agency 'or persons or was released upon the 
instance or a particular agency or persons. 
Substituting or replacing relief goods, equipment, or other aid 
commodities with the same items or inferiorlcheaper quality; 
Deliberate use of false or inflated data in support of the request for 
funding, relief goods, equipment or other aid commodities for 
emergency assistance or livelihood projects; 
Soliciting funds andlor donations by non-accredited NGOs. In this 
regard, solicitation of funds andlor donations by accredited NGOs shall 
be regulated and monitored by NDMC through its member agencies 
concerned to ensure that public donation are safeguarded and duly 
accounted for. 
SECTION 22. Penal Provisions. - Any person, groups or corporation 
who commits any of the above-listed prohibited acts shall be prosecuted and 
upon conviction, suffer a fine of not less than Fifly Thousand Pesos (P50,OOO.OO) 
or imprisonment of not less than six (6) years and one (1) day nor more than 
twelve (12) years, or both, at the discretion of the Court, including perpetual 
disqualification from public office, if he is a public officer, and confiscation, or 
forfeiture in favour of the government of the objectslfruits of and the 
instrumentalities used in committing any of the 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 its license or accreditation 
issued to them by any licensing or accredited body of the government. If such 


offender is an alien, he shall, in addition to the penalties prescribed, be deported 
without further proceedings after service of the sentence. 
SECTION 23. Rules and Regulations. - Subject to the approval by the 
President, the Chairman, NDMC shall issue the necessary rules and regulations 
for the effective implementation of this Act. 
SECTION 24. 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. 
SECTION 25. Repealing Clause. - All 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. 
SECTION 26. Effectivity. - This Act shall take effect fifteen (15) days 
following its publication in at least two (2) national newspapers of general 
circulation. 
Approved. 
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