Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City ~

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. £274

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE

This bill seeks to hasten rescue and relief operations in local government units facing a
calamity.

Under Republic Act No. (RA) 10121, the declaration of a state of calamity in a local
government unit requires a resolution of the local Sanggunian, the process of which is
tedious: convening the council, ensuring the presence of a quorum, and obtaining a
majority. This could oftentimes be impracticable in real calamity situations when
members of the Sanggunian are in the thick of rescue and relief operations in different
parts of the barangay, municipality, city or province, if not themselves victims of the
calamity.

To expedite the declaration procedure - and to free up government resources for
rescue and relief operations more quickly — this bill transfers the power to declare and
lift a state of calamity to the local chief executive. It is believed that, as RA 1012titself
envisions on the national level where the power is given to the President, the
determination of whether there is a state of calamity is a primarily executive function.
Moreover, transferring the power would speed up the decision-making process since
time is of the essence in any calamity.

To check the possible abuse of this power, this bill provides that the local Sanggunian
may, if it believes that the conditions do not or no longer exist for a state of calamity, lift
the declaration at any time.

The it passage of this bill is earnestly requested.

PAI '. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2274

Introduced by Representative PABLO JOHN F. GARCIA

AN ACT
AMENDING REPUBLIC ACT NUMBERED 10121, BY TRANSFERRING THE POWER
TO DECLARE A STATE OF CALAMITY IN A LOCAL GOVERNMENT UNIT TO THE
LOCAL CHIEF EXECUTIVE

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

Section 1. Section 16 of Republic Act Numbered 10121 is hereby amended to
read as follows:

“Section 16. Declaration of State of Calamity. - The National Council shall
recommend to the President of the Philippines the declaration of a cluster of
barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the National Council.
The President's declaration may warrant international humanitarian assistance
as deemed necessary.

“The declaration and lifting of the state of calamity may also be issued by
the local CHIEF EXECUTIVE [sanggunian], or any official acting in such
capacity, upon the recommendation of the LDRRMC, based on the results of the
damage assessment and needs analysis. THE DECLARATION MAY BE LIFTED
AT ANY TIME BY THE LOCAL SANGGUNIAN.”

Sec. 2. All laws, decrees, executive orders, rules, and regulations which are
inconsistent with this Act are hereby repealed.

Sec. 3. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever
comes earlier.

Approved,