FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
EXPLANATORY NOTE 
The Philippines all throughout the year experiences hydrological and geologic 
hazards like typhoons, floods, earthquakes and volcanic eruptions. These natural 
disasters and other catastrophes such as fires and epidemics threaten the life and 
property of millions of our countrymen, creating economic dislocations throughout 
the archipelago. 
Aware of these, the government has passed legislation establishing the 
systems in dealing with natural and man-made disasters and emergencies. However, 
the present disaster management system instituted through various legislations has 
loopholes rendering it weak and inefficient in responding to disaster situations. Thus, 
a legislation that would lay the groundwork for a more responsive and effective 
disaster monitoring, coordination and response program at all levels of the 
government is in order. 
This Act intends to streamline, improve and strengthen the entire disaster 
management system in the country. It also aims to create a more self-reliant and 
more effective Disaster Management Council to lessen the dependence of local 
governments to the national government for rescue and relief operations. It will also 
provide benefits for volunteers who may experience casualties in line of their duty. 
In view hereof, approval of this bill is earnestly requested. 
- - 
MIGUEL F.ZUBIRI 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
7 pL!G 29 :L .: 3 
First Regular Session 
) 
SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
AN ACT 
STREAMLINING AND STRENGTHENING THE PHILIPPINE DISASTER 
PREPAREDNESS AND PREVENTION CAPABILITY, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES 
Be i f  enacted by the Senate and the House of Represenfafives of fhe Philippines in 
Congress assembled: 
SECTION 1. Title. This Act shall be known as “The Philippine Disaster 
Preparedness and Prevention Act of 2007”. 
SECTION 2. Declaration of Policy. It shall be the policy of the State to: 
(1) Develop self-reliance among the constituents when preparing for, 
responding to, and recovering from disasters or emergencies, whether 
natural or man-made, with the national government, supportive of the 
local government efforts; 
(2) Tap the participation of the non-government organizations to the 
government disaster preparedness and prevention program to strengthen 
the delivery mechanism of emergency services and encourage 
volunteerism and bayanihan, among the citizenry; and 
(3) Promote mutual assistance and cooperation with other countries, the 
United Nations and its agencies, and other international disaster 
organizations. 
SECTION 3. Definition of Terms. As used in this Act: 
(1) “Disaster“ is an event, natural or man-made, sudden or progressive, which 
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impacts with such severity that the affected community has to respond 


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with exceptional measures. 
(2) "Civil Defense" refers to all disaster preparedness and prevention 
activities, other than military actions, geared towards the reduction of loss 
of life and property brought about by natural and man-made disasters. 
(3) "Disaster Management Councils" refer to the nucleus organizations 
established at the national, regional, provincial, city, municipal and 
barangay levels to carry out the civil defense activities as defined under, 
this Act. 
(4) "Disaster Management" is a comprehensive set of activities that covers all 
aspects of disasters from preparedness through relief and response, to 
recovery (rehabilitation and reconstruction) and mitigation. 
(5) "Disaster Prevention" refers to measures designed to prevent natural 
phenomena from causing or resulting in disaster or other related 
emergency situations. It is concerned with the formulation and 
implementation of long-range policies and programs to prevent or 
eliminate the occurrence of disasters on the basis of vulnerability analysis 
of all risks. It also includes legislations and regulatory measures 
principally in the fields of physical and urban planning, public works and 
building. 
(6) "Disaster Operations" refers to any concerned effort by two or more 
agencies, public or private, to provide emergency assistance to persons 
who are victims of a disaster or calamity and in the restoration of essential 
public activities and facilities. 
(7) "Rehabilitation" refers to the 
restoration of 
person's economic 
dependency to an independent or stable way of living either physically, 
economically socially or emotionally. 
(8) "Disaster Preparedness" refers to the actions designed to minimize loss of 
life and property damage and to organize and facilitate timely and 
effective rescue, relief and rehabilitation in case of disaster. It is supported 
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by necessary legislation that can achieve readiness to cope with disaster 
situations or similar unavoidable emergencies. It is also concerned with 
forecasting and warning, education and training the population, 
organization for and management of disaster situation including 
preparation of operational plans training of relief workers, the stockpiling 
of supplies and earmarking of the necessary funds. 
(9) “National Disaster Plan” means the plan formulated and revised from time 
to time as necessary which defines the plan of action to be taken to deal 
with disaster or emergencies. 
SECTION 4. Scope. This Act provides all actions pertaining to preparation, 
response and recovery from all types of disasters or emergencies as defined under 
this Act. 
SECTION 5. Nafional Disasfer Management Council (NDMC). The present 
NDMC shall continue to perform its present functions as provided under PD 1586 
and its implementing rules and regulations. 
It shall be composed of the Secretary of National Defense as Chairman and 
the DlLG Secretary as Vice Chairman with the following as members: 
The Secretaries of DSWD, DOH, DA, DPWH, DENR, DOLE, DECS, DTI, 
NEDA, DOST, DOTC; Chief of Staff of the AFP; Director-General of the PNRC; and 
two (2) representatives from the NGOs. The NDMC may call on other officials from 
the government and private sectors as it may deem necessary for assistance in 
preparing for reacting to and recovery from the effects of disasters. 
The Administrator of the Office of Civil Defense shall be a member of the 
Council and the Council’s Executive Director. The Council, in discharging its 
functions shall utilize he service and facilities of the OCD which shall also act as the 
Secretariat to the NDMC. 
The NDMC shall establish an operating facility to be known as the Notional 
Disaster Management Center. 
SECTION 6. Functions of the NDMC. The National Disaster Management 
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)unci1 shall have the following functions: 
(1) Advise the President on the status of disaster preparedness, prevention, 
mitigation, response and rehabilitation organizations being undertaken by 
concerned government and private organizations; 
(2) Ensure that adequate measures are taken by government agencies to 
mitigate, prepare for and respond to disasters and assist in the recovery 
from the effects of a disaster by two (2) persons or communities; 
(3) Develop and strengthen national and local capacities for disaster 
prevention, mitigation, preparedness and response and ensure that these 
are properly coordinated and in accordance with established national 
policies; 
(4) Ensure that all safety rules issued by concerned agencies be properly 
synchronized; 
(5) Provide the necessary guide and procedures on Calamity Fund releases 
as well as utilization and accounting thereof; 
(6) Recommend to the President the declaration of a state of calamity in areas 
extensively damaged and submit proposals to establish normalcy in the 
affected areas to include calamity location; 
(7) Ensure that all disaster preparedness and mitigation activities such as 
training, public information and other programs/projects requiring regional 
and international support shall be carried out in accordance with duly 
established national policies; 
(8) Foster and facilitate the participation of non-government agencies in 
measures taken by the government for disaster mitigation, preparedness 
response and recovery; 
(9) Develop a national DIS and GIS as basis for policy and decision making of 
the NDMC as well as enable it to establish linkage with international bodies 
such as the Department of Humanitarian Affairs in Geneva Tsunami 
Warning Center in Hawaii and Earthquake Center in Colorado, USA; 
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(IO) Advise the lower level DMCs in accordance with the guidelines on 
disaster management 
SECTION 7. NDMC Secretariat. The OCD shall remain as the Secretariat of 
the NDMC as such it shall have the following functions: 
(1) Record, prepare, disseminate file proceeding of NDMC meeting and its 
Technical Working Groups and sub-committees, 
(2) Plan, monitor and evaluate the activities and programs of NDMC 
technical Working Groups and sub-committees; 
(3) Implement the national DIS/GIS as established by the NDMC. 
SECTION 8. Organization at the Regional Level. At the regional level, there 
shall be constituted a Regional Disaster Management Council (RDMC) with the 
Regional Director of 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 field offices at the regional level and shall establish an operating facility 
to be known as the Regional Disaster Management Center. 
SECTION 9. Organization at the Local Government Level. The focal point for 
coordination on disaster preparation and response in all local political units is lodged 
with the Provincial, City, Municipal and Barangay Disaster Coordinating Councils 
established under Presidential Decree No. 1586. Each local government level shall 
appoint a permanent Disaster Management Coordinator who shall serve as the 
Council’s Action Officer. 
SECTION 10. Office of Civil Defense. The Office of Civil Defense through its 
fourteen (14) regional offices throughout the country shall carry out the polices and 
programs of the National Disaster Management Council, in addition to its regular 
functions as bureau under the Department of National Defense as defined under PD 
No.1 and Letter of Implementation No. 19 issued on January 24, 1973. 
As the NDMC’s implementing arm, the OCD is empowered to monitor and 
evaluate the performance of the member-agencies and recommend to the NDMC 
appropriate policies and corrective measures to ensure effective delivery of 
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emergency services by all agencies concerned. 
SECTION 11. Planning for Disaster Operations. The National Calamities and 
Disaster Preparedness Plan, prepared by The Office of Civil Defense and approved 
by the NDMC chairman shall be the basis of the implementing plans of concerned 
agencies at the national regional and local levels. 
All agency-implementing plans shall be documented, updated and submitted 
to the Office of Civil Defense within six (6) months from the effectivity of this Act. 
SECTION 12. Disaster Volunteer Workers. A national roster of Disaster 
Volunteer Workers (DVWs) duly accredited by the local disaster management 
councils shall be approved and maintained by the Office of Civil Defense for 
purposes of payment of compensatory benefits provided for in this Act. 
SECTION 13. Compensatory Benefits. Any DVW who incurs death or injury 
while engaged in any of the civil defense activities as defined under this Act shall be 
entitled to compensatory benefits as follows. 
(1) Monetary Benefits 
(a) For death -Twenty 
Thousand pesos (P20,OOO.OO); 
(b) For injury resulting in total and permanent disability - Ten 
thousand pesos (Pl0,OOOOO); 
(c) For injury resulting in permanent partial disability -Ten 
thousand 
pesos (PlO,OOO.OO); - 
(d) For injury requiring hospitalization for more than five (5) days but 
not more than fifteen (15) days - Five Thousand pesos 
(P5,OOO.OO); 
(e) For injury requiring hospitalization for more than one ( 1 )  day but 
not more than five (5) days - 
One thousand pesos (P 1,000.00). 
(2) Free Medical Care 
Any DVW who falls under any of the above incapacity shall also be entitled to 
a free medical care in any government hospital or institution. 
An initial amount of One Million pesos (Pl,OOO,OOO.OO) out of the OCD 
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regular budget is hereby allocated for the payment of the above benefits. 
SECTION 14. Declaration of State of Calamity. The NDMC may recommend 
a cluster of barangays, city, rrunicipality, province or region under a state of calamity 
whenever two or more of the following conditions are present: 
(1) At least thirty per cent (30%) of the population are affected; 
(2) At least thirty per cent (30%) of the dwelling units have been destroyed; 
(3) At least twenty-five percent (25%) of the major means of livelihood of the 
community are affected; 
(4) At least fifty per cent (50%) of the major roads and bridges are 
impassable; 
(5) There is an outbreak of highly contagious diseases resulting to sickness 
and death of at least fifteen percent (15%) of the population; 
(6) There is disruption of lifeline such as electricity, potable water system, 
transport system, communications system and other related systems 
which cannot be restored within one (1) week; 
(7) There is flooding which is expected to last for one (1) week: and 
(8) There is drought that will affect one (1) planting season. 
SECTION 15. Remedial Measures. The declaration of a state of calamity shall 
make mandatory the immediate undertaking of the following measures by the 
concerned agencies: 
(1) Control of overpricing and prevention of the hoarding of the same by the 
Department of Trade and Industry; 
(2) Programming/reprogramming of funds for 
the 
repair of 
public 
infrastructures and buildings; 
(3) Granting or restructuring of loans by government financing or tending 
institutions to bonafide victims of disasters; 
(4) Deferment or moratorium in the payment of taxes and amortizations due 
the government upon the certification of proper authority; and 
(5) Release of calamity funds to agencies involved in relief and rehabilitation 
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operations 
SECTION 16. Special Powers During Stafe of Calamity. In times of disasters 
or emergencies, the appropriate equipment arid logistics of the government 
agencies concerned such as the Philippine Navy, Philippine Coast Guard, 
Department or Public Works and Highways, Department of Social Welfare and 
Development, Department of Health, PHIVOCS, PAGASA and other agencies shall 
be under the operational control and supervision of the OCE. Accordingly, the needs 
of the Office of Civil Defense shall be attended to, on a first priority basis. 
SECTION 17. If a state of calamity is declared in accordance with Section 21 
of this Act, the NDMC will recommend to the President such actions as may be 
necessary; including the making of regulations concerning some or all of the 
following aspects: 
(1) The supply and distribution of food, water, fuel, power, medical 
assistance, shelter and other necessities; 
(2) The maintenance of the means of transportation by land, air or water and 
the control of the transport of persons and things; 
(3) The temporary acquisition of any property, undertaking or land; 
(4) The evacuation of people, in their own interest andlor that of the public; 
(5) The payment of compensation and remuneration to persons effected by 
the Government action under special powers; and 
(6) Any other matters which may apply to a specific disaster. 
SECTION 18. Release and Monitoring of the National Calamity Fund. The 
following policies and procedures shall be followed in requesting, allocating, 
releasing and monitoring of calamity fund, namely: 
(1) The calamity fund shall be used for disaster preparedness and control, 
and relief and rehabilitation operations. 
(2) Upon the declaration of a state calamity in disaster stricken areas, the 
President 
shall effect the release of calamity funds to relief and 
rehabilitation agencies within twenty-four (24) hours after such 
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declaration. 
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(3) Calamity 
funds 
shall 
be 
released 
directly 
to 
the 
following 
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department/agencies for the stated specific purposes: 
(a) DSWD for emergency relief and rehabilitation assistance; 
(b) DOH for medical assistance to disaster victims; 
(c) 
DPWH for 
immediate repairhestoration 
of 
damaged vital 
infrastructures which include school buildings; 
(d) DEPED for replacement of totally damaged instructional materials; 
(e) DA for assistance to the agricultural sector; 
(f) 
DOTC for repair/restoration of vital government transportation and 
communication facilitieslinfrastructures; 
(9) DND/AFP for relief, rescue and evacuation activities and 
repairhehabilitation of public utilities; 
(h) Other departmentslagencies requiring immediate repair/restoration 
of vital infrastructures/facilities: and 
(i) Local Government Units for the cost of emergency relief and 
rehabilitation operations. 
The above agencies and all others that are involved in relief and rehabilitation 
are directed to react and respond to any disaster or calamity within twenty-four (24) 
hours from its occurrence. 
SECTION 19. Funding. The amount of Fifty Million Pesos (P50,000,000.00) 
shall be appropriated to OCD inclusive of its current budget to carry out the 
provisions of this Act. 
SECTION 20. Prohibited Acts. Any person who takes advantage of the 
calamity shall be held liable and be subjected to the penalties as prescribed 
hereunder if such person commits any of the following prohibited acts: 
(1) Buying for consumption or resale, from disaster relief agencies or relief 
goods, equipments, or other aid commodities which he knows or should 
be known to him as intended for donation to victims: 
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(2) 
Buying for consumption or resale, from the recipient victims or relief 
goods, equipment or other aid commodities received by them; 
High-jacking or forcibly seizing relief goods, equipment or other aid 
commodities intended for or consigned to a specific group of victims or 
relief agency; 
(3) 
(4) 
Diverting or misdelivering relief goods, equipment, or other aid 
commodities to persons other than the rightful recipient or consignee; or 
(5) Accepting, possessing, using or disposing of relief goods, equipment, or 
other aid commodities not intended for nor consigned to him; or 
Misrepresenting the source of relief goods, equipment on other aid 
commodities received by: 
(a) Either covering or defacing the labels of the containers, or interlacing 
new words to make it appear that the goods, equipment, or aid 
commodities came from another agency or person; 
(6) 
(b) Repacking the goods, equipment, or aid commodities into containers 
with markings to make it appear that goods, equipment or aid 
commodities came from another agency or person; 
(c) Making a verbal claim that the goods, equipment, or aid commodities 
in its untampered original containers actually come from another 
agency or person; or was released upon the instance of a particular 
agency or person; 
(d) Allocating to victims "more relief goods, equipment, or aid 
commodities than the standard per capita amount per units time for 
a specific or prescribed period of time; 
(e) Substituting or replacing in kind of relief goods, equipment or aid 
commodities; 
(f) Using false or inflated data to support projects within the framework 
plan; or 
(9) Using false or inflated data in support of the request for funding or 
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emergency assistance or livelihood project. 
SECTION 21. Penal Provisions. Any person who commits any of the above- 
listed prohibited acts shall be prosecuted and, upon conviction, suffer a fine of not 
less than Fifty Thousand pesos (P50,OOO.OO) 
nor more than Five Hundred Thousand 
pesos (P 500,000.00) or imprisonment for not less than six (6) years and one (1) day 
nor more than twelve 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 favor of the government of any prohibited interest. If the offender is a 
corporation, partnership or association, or other judicial entity, the penalty shall be 
imposed upon the officer or officers of the corporation, partnership, association or 
entity responsible for the violation and, if such offender is an alien, he shall, in 
addition to the penalties prescribed, be deported without further proceedings after 
service of sentence. 
SECTION 22. lmplementing Rules and Regulations. Subject to approval of 
the President, the Chairman of the Council shall issue the necessary implementing 
rules and regulations of this Act. 
SECTION 23. 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 24. Repealing Clause. Any law, decree or rules and regulations 
inconsistent with or contrary to the provisions of this Act are hereby amended or 
repealed. 
SECTION 25. Effectivity. This Act shall take effect fifteen (15) days following 
its publication in the Official Gazette or in two (2) national newspapers of general 
circulation. 
Approved. 
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