Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5638

HOUSE BILL NO.

Introduced By Representative ALLAN BENEDICT S. REYES

EXPLANATORY NOTE

Much has already been said about earthquakes happening at any time without
warning. The National Disaster Preparedness Plan (“NDPP") of the Philippines cited
that while the country’s hazard-prone characteristics are attributable to its location in
the Pacific Ring of Fire and in Wester Pacific, it also acknowledged that the country's
risk to natural disasters, such as earthquakes, is also due to its insufficient capacity to
cope or adapt to these hazards.'

One effective way to prepare for earthquakes is to conduct earthquake drills
that simulate actions to be taken during and after an actual one. While such drills have
already been conducted by various local government units, private institutions and
establishments, the scope and effectiveness of these drills remain undetermined
because there are still a number of public and private establishments that neither
conduct nor participate in these drills.

In fact, it has been more than a decade since the Philippine Disaster Risk
Reduction and Management Act of 2010? was enacted. Yet, the country seems to
remain ill-prepared, oftentimes caught off guard when we are hit by deadly
earthquakes. As laudable as its objectives were, the said Act “provides for the
development of policies and plans and the implementation of actions and measures
pertaining to all aspects of disaster risk reduction and management, including good
governance, risk assessment and early warning, knowledge building and awareness
raising, reducing underlying risk factors, and preparedness for effective response and
early recovery.”’As the implementing arm of the National Disaster Risk Reduction and
Management Council created pursuant to the said law, the Office of Civil Defense

' National Disaster Preparedness Plan (NDPP) 2015-2028, National Disaster Risk Reduction and

20VoI%420L.paf (last accessed

24 November 2019),

2 Republic Act No. 10121, An Act Strengthening the Philippine Disaster Risk Reduction and Management
‘System, Providing For The National Disaster Risk Reduction And Management Framework And
Instruionalizing The National Disaster Risk Reduction And Management Plan, Appropeating Funds
“Therefor And For Other Purposes, 27 May 2010.

’ Section 4, 1d,

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("OCD") was mandated to administer “a comprehensive national civil defense and
disaster risk reduction and management program by providing leadership in the
continuous development of strategic and systematic approaches as well as measures
to reduce the vulnerabilities and risks to hazards and manage the consequences of
disasters. From the National Disaster Risk Reduction and Management Plan
(‘NDRRMP") which was drafted per the Act's mandate also emanated the NDPP which
helps the national and local governments and other stakeholders contribute to the
following objectives, among others: °

1. Increased level of awareness and enhanced capacity of communities to
anticipate, avoid, reduce and survive the threats and impacts of all hazards;

2. Fully-equipped communities with the necessary skills and capability to face and
survive hazards and cope with the impacts of disasters;

Thus, it can reasonably be said that most, if not all, of the legal mechanisms
are already in place when it comes to earthquake preparedness and there is no need
to reinvent the wheel, so to speak. For instance, pursuant to the objectives of the
pine Disaster Risk Reduction and Management Act, the Department of Interior
and Local Government (“DILG”) already conducts Quarterly Nationwide Simultaneous
Earthquake Drill ("NSED") scheduled on pre-determined dates and pilot areas as may
be identified by the said Department. The NSED “seeks to strengthen the mechanism
for national and regional coordination, as well as the interoperability of key players. =

the commitment of local government units in building safe communities.”

Humble successes have already been achieved through the conduct of NSEDs,
thus, its implementation only needs to be improved and participation thereto legally
mandated to ensure greater involvement by the public in general. This way, instead of
scattered and unsynchronized efforts to prepare for an earthquake, the whole nation
can substantially benefit from an organized, government-initiated nationwide drill.

Itwould seem, however, that DILG's call for participation in NSEDs is not largely
adhered to by many public and private establishments since partaking in these
quarterly drills is only on a voluntary basis. Thus, there is a need for a law that will
institutionalize the conduct of the NSED and make participation thereto compulsory to
all public and private establishments. In addition, penalties should also be imposed to

+ Mandate available at hnp://ocd.gov.ph/about-ord/mandate-mission-and-vsion html (ast accessed 24
November 2019).

‘National Disaster Preparedness Plan (NDPP) 2015-2028, National Disaster Risk Reduction and
‘Management Council, available at

x. 4 uJ Vol (last accessed
24 November 2019),

‘ NDRRMC LEADS 2ND NATIONWIDE SIMULTANEOUS EARTHQUAKE DRILL available at
burp: //soww.0cd gox.ph/nevws/227-nderme-leads-2ndnationwide-simultaneous-earthquake-dill hn! (ast
accessed 24 November 2019),

NDRRMC LEADS 2ND NATIONWIDE SIMULTANEOUS EARTHQUAKE DRILL available at

bip:/ /seww.ocd.gov.ph/news/227-ndrrme-leads-2ndnationwide-simultaneous-cacthquake-drilL hrm! (ast
accessed 24 November 2019),

Page 2 of S


public and private establishments, their administrators, managers or officers who
willingly refuse to join or participate in the quarterly NSED as scheduled by the DILG.

In view of the foregoing, passage of this bill is earnestly sought.

OM / H-

HON. ALLAN BENEDICT S. REYES}4<«—
Representative
3" District, Quezon City

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5638

Introduced by Representative ALLAN BENEDICT S. REYES

AN ACT MANDATING THE PARTICIPATION OF PUBLIC AND PRIVATE
ESTABLISHMENTS IN THE CONDUCT OF QUARTERLY NATIONWIDE
SIMULTANEOUS EARTHQUAKE DRILL (“NSED”), PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Mandatory
Participation in NSED Act of 2019.”

SECTION 2. Declaration of Policy. — It is hereby a policy of the State to train its
people to develop a quick and proper response in the event of an earthquake by
participating in the Quarterly Nationwide Simultaneous Earthquake Drill ("NSED")
scheduled by the Department of Interior and Local Government ("DILG") to decrease
the vulnerability of its people and mitigate the risks inherent in this natural hazard.

SECTION 3. Coverage. - This Act shall apply to all public and private
establishments in the Philippines. As used in this Act, the term “establishments” refers
to any buildings, including, but not limited to, government agencies, public and private
schools, hospitals, leisure parks, shopping malls, restaurants, food park, cafes, gyms,
etc.

SECTION 4. Penaities. - After observance of due process, owners, managers,
operators, or administrators of the aforesaid establishments and tenants, occupants,
students and employees therein who willingly refuse to join or participate in the NSED
shall be punished by the following penalties:

a.) First Offense A fine of 1,000.00
b.) Second Offense A fine of ®2,000.
c.) Third and Subsequent Offenses A fine of 3,000.00

For business entity or establishments:

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a.) First Offense A fine of ®2,000.00

b.) Second Offense A fine of 3,000.00

c.) Third and subsequent offenses A fine of 5,000.00 and Cancellation of
Business Permit

Provided, that in case of juridical persons, the president or general manager
shall be liable.

The collected penalties shall inure to the benefit of the local government unit
("LGU") which has territorial jurisdiction over the erring establishment. The said
collection shall constitute as additional funds for the LGU’s disaster risk reduction and
management programs and activities. Disbursements from the said Fund shall be
subject to the usual accounting and budgeting rules and regulations.

SECTION 5. Implementing Rules and Regulations and Standard Forms. -
Within sixty (60) days from the promulgation of this Act, the necessary rules and
regulations for the proper implementation of its provisions shall be formulated by the
appropriate government office or agency in coordination with all the stakeholders and
covered establishments and institutions.

SECTION 6. Repealing Clause. — All laws, executive orders, administrative
orders, rules, regulations, decrees, and other issuances or parts thereof, which are
inconsistent with the provisions of this Act are hereby revoked, repealed, or modified
accordingly.

SECTION 7. Separability Clause. - If any provision of this Act is held
unconstitutional or invalid, the other provisions not affected thereby shall continue in
operation and remain in full force and effect.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication the Official Gazette or in the two (2) national newspaper of general
circulation.

Approved,

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