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FOURTEENTHCONGRESSOFTHEREPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
S.Bil1 No. 1 
Introduced by SENATOR GREGORIO B. HONASAN I1 
EXPLANATORY NOTE 
The 1987 Constitution provides that “the state shall protect the 
life, property and general welfare of the people and encourage its 
citizenry to participate in nation building.” 
The Philippines is one of the most disaster-prone countries in the 
world due to its archipelagic nature and geographic location within the 
so-called Circum-Pacific belt of fire and typhoon. 
The National Disaster Coordinating Council’s (NDCC) statistical 
records indicate that the worth of damages to human lives and properties 
caused by typhoons and other storms that hit the country between 2001 
to 2005 approximately amounted to P26.05 billion or $521 million. This 
estimated figure does not include losses in employment and other 
economic opportunities. The ravages in infrastructures alone already 
cost the country some P15 Billion or $300M each year solely due to bad 
weather during the past century. Such grim statistics highlighted the fact 
that the Philippines is among the nations in the world with the most 
number of natural and human-induced disasters in the past years. The 
increasing severity, frequency and complexity of these calamities that 
affected our effort to spur poverty alleviation and socio-economic growth 
in nation building, further aggravates the country’s bleak situation. 
The Philippines is one of the 168 signatory countries to a ten-year 
action plan, “Hyogo Framework for Action (HFA) 2005-201 5: Building 
Resilience of Nations and Communities to Disasters’, the 2005 World 
Conference on Disaster Reduction (WCDR) held in Kobe, Hyogo, Japan, 
which end goal is to significantly diminish disaster losses in lives, social, 
economic and environmental assets of devastated member countries by 
year 2015. While there have been country’s initiatives, interventions and 
advocacies in pursuit of this global commitment, the challenge to achieve 
such HFA goal remains difficult at this time. This is mainly due to the 
inadequacy of Presidential Decree No. 1566 to respond to the rapid 
increase of calamity prevalence and vulnerability in the country. 
Based on the foregoing considerations, there is an urgent need, 
therefore to amend such law in order to strengthen and enhance its 
1 


institutional mechanisms and the disaster risk system and capacity in 
the Philippines. 
This proposed measure seeks to establish the National Disaster 
Management Council which shall be tasked to develop, formulate and 
implement a National Disaster Risk Management Plan (NDRMP) in 
conformity with a National Disaster Risk Management Framework 
(NDRMF) for creating a comprehensive and community-based disaster 
risk management approach, which shall be anticipatory of and 
responsive to the socio-economic and environmental impacts of 
disasters. The NDMC shall have the powers and functions of policy 
making, 
coordination, 
integration, 
supervision, 
monitoring 
and 
evaluation. 
This bill encompasses all actions and measures pertaining to all 
aspects of disaster management from pre-disaster phase such as risk or 
hazard identification and analysis, risk reduction, prevention, mitigation 
and preparedness to the post-disaster phase such as emergency 
response, rehabilitation, recovery and reconstruction. 
This bill further proposes to enhance national leadership, 
strengthen local capacities, mainstream disaster risk planning, improve 
risk communication, enhance accountability and financial supports. 
Recognizing its utmost relevance to the present time, the 
immediate enactment of this proposed 
to law is earnestly 
sought. 
,’ 
ORIO B. HONASAN.II 
Senator 
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FOURTEENTHCONGRESSOFTHEREPUBLIC) 
1 
. ,  
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Gregorio B. Honasan I1 
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 
THEREFORANDFOROTHERPURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Short Title. - This act shall be known as the 
“Philippine Disaster Risk Management Act of 200T‘. 
SEC. 2. Declaration of Policy - It shall be the policy of the State 
to: 
a) Uphold the people’s constitutional right to life and property by 
decreasing disaster vulnerability, increasing their capability for 
recovery, and enhancing over-all resilience to the events; 
b) Adopt an integrated and coordinated, multi-sectoral, inter- 
agency and community-based approach to disaster risk 
management that shall be both anticipatory of and responsive 
to the socio-economic and environmental impacts of disasters; 
c) Develop, promote and implement a comprehensive National 
Disaster Risk Management Plan to address both pre-disaster 
vulnerabilities and post-disaster recovery; 
d) Incorporate the principles of disaster risk management in the 
creation of national, regional and local sustainable development 
and poverty reduction strategies, policies, plans and budgets; 
e) Recognize the country’s various and particular local risk 
patterns and the need to decentralize powers, responsibilities 
and resources for disaster risk reduction and reaction to 
regional and local authorities; 
3 


f )  Encourage individuals, non-government organizations, the 
private sectors and community members to participate in 
disaster risk management and response; and 
g) Develop and strengthen people’s capacities to prepare and 
mitigate the effects of disasters. 
SEC. 3. Definition of Terms - For purposes of this Act, the 
following shall refer to: 
a) “Disaster”- an event, natural or man-made, sudden or 
progressive, which impacts vulnerable communities with such 
severity on lives and properties, basic services, infrastructures and 
the environment that the affected community has to respond with 
exceptional measures. 
b) “Emergency”- unforeseen or sudden occurrence, especially 
danger, demanding immediate action. 
c) ‘%lazar&‘- 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. 
d) r“vuZnerabiZity”- a set of conditions that result from physical, 
social, economic and environmental factors which increase 
susceptibility to losses from the impact of natural or man-made 
hazards. 
e) “Risk”- the probability of harmful consequences resulting from the 
interactions between hazards and vulnerable conditions. 
f )  “Risk Management‘- the process of identifying, analyzing and 
quantifying the probability of losses in order to undertake 
preventive or corrective measures in minimizing such. 
g) “Disaster Risk Management“- a comprehensive set of distinct but 
interrelated activities that covers all aspects of disasters from risk 
identification, mitigation, preparedness, emergency response, 
rehabilitation, recovery and reconstruction. 
h) “Risk Identification and Analysis”- a thorough analysis of 
current vulnerabilities, location and severity of threat that will 
determine the underlying causes of vulnerabilities. 
i) “Disaster Risk Reduction”- a conceptual framework of elements 
considered with the possibilities to minimize vulnerabilities and 
4 


disaster risks throughout a society, to avoid through prevention or 
to limit through mitigation and preparedness the adverse impacts 
of hazards within the broad context of sustainable development. 
“Disaster Preparedness” - pre-disaster actions and measures 
being undertaken to avert or minimize loss of life and property, 
such as but not limited to community organizing, training, 
planning, equipping, stockpiling, hazard mapping, and public 
information and education initiatives. 
j) 
k) “Disaster Mitigation” - measures that ensure the ability of at-risk 
communities to address vulnerabilities aimed at minimizing the 
impact of disasters. Such measures include, but are not limited to 
the formulation and implementation of plans, programs, projects 
and activities, as well as the enforcement of comprehensive land 
use planning, building and safety standards, and legislation. 
1) “Response“ - any concerted effort by two or more agencies, public 
or private, to provide emergency assistance to persons of a disaster 
and in the restoration of essential public activities and facilities. 
m) “Rehabilitation” - measures that ensure the ability of affected 
communities to restore their normal level of functioning by 
rebuilding livelihood and damaged infrastructures and increasing 
the communities’ organizational capacity. 
n) c‘Community-based Disaster Risk Management or CBDRIW’ - 
activities, projects and programs to reduce disaster risks, primarily 
designed by people living in high-risk localities based on their 
needs and capacities, in close coordination with their respective 
Local Disaster Management Councils. 
0) “National Disaster Risk Management Plan” - the master plan 
which provides the strategies, organization, tasks of concerned 
agencies and local government units, and other guidelines to deal 
with disasters or emergencies. 
SEC. 4. Scope - This Act provides for all the actions and measures 
pertaining to all aspects of disaster management from the anticipatory 
stages of risk identification and analysis, risk reduction, prevention, 
mitigation and preparedness to the post-disaster stages of response, 
relief, rescue, rehabilitation and reconstruction. 
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SEC. 5. National Disaster Management Council - The present 
National Disaster Coordinating Council or NDCC, established thru 
Presidential Decree No. 1566 shall henceforth be known as the National 
Disaster Management Council or NDMC to be composed of the following: 
Chairperson 
: 
Secretary of the Department of National Defense 
(DND) 
Vice Chairpersons: 
Secretary of the Department of Interior and Local Government (DILG) 
Secretary of the Department of the Social Welfare and 
Development 
(DSWD) 
Members: 
Secretary of the Department of Health (DOH) 
Secretary of the Department of Agriculture (DA) 
Secretary of the Department of Public Works and Highways (DPWH) 
Secretary of the Department of Environment Natural Resources (DENR) 
Secretary of the Department of Labor and Employment (DOLE) 
Secretary of the Department of Education (DepEd) 
Secretary of the Department of Trade and Industry (DTI) 
Secretary of the Department of Justice (DOJ) 
Secretary of the Department of Science and Technology (DOST] 
Secretary of the Department of Transportation and Communication 
(DOTC) 
Secretary of the Department of Finance (DOF) 
Secretary of the Department of Budget and Management (DBM) 
Secretary of the Department of Energy (DOE) 
Secretary of the Department of Foreign Affairs (DFA) 
Secretary of the Presidential Management Staff (PMS) 
Secretary of the Office of the Press Secretary (OPS) 
Director-General of the National Economic Development Authority 
(NEDA) 
Secretary-General of the Philippine National Red Cross (PNRC) 
Chief-of-Staff of the Armed Forces of the Philippines (AFP) 
Chief of the Philippine National Police (PNP], DILG 
Fire Chief of the Bureau of Fire Protection (BFP), DILG 
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Administrator of the National Mapping and Resources Information 
Authority (NAMRIA) 
Director of the Mines and Geo-Sciences Bureau (MGB), DENR 
Director of the Environmental Management Bureau (EMB), DENR 
Director of the Philippine Atmospheric, Geophysical and Astronomical 
Services Administration (PAGASA), DOST 
Director of the Philippine Institute of Volcanology and Seismology 
(PHIVOLCS), DOST 
Director of the Philippine Nuclear Research Institute (PNRI), DOST 
Commissioner of the National Anti-Poverty Commission - Victims of 
Disaster and Calamities (NAPC-VDC) 
Administrator of the Office of Civil Defense (OCD), DND 
Commandant of the Philippine Coast Guard (PCG), DOTC 
Two (2) Representatives from Non-Governmental Organizations (NGOs) 
President of the Association of Barangay Chairmen (ABC) 
Two (2) Representatives from national-level People’s Organizations 
The two (2) NGO representatives shall be selected from among their 
ranks based on criteria set for this purpose. 
The Administrator of the Office of Civil Defense shall serve as 
Executive Officer of NDMC. 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 called as the 
“National Disaster Management Center” which shall be manned on a 
twenty-four (24) hour basis by personnel of the OCD. 
SEC. 6. Powers and Functions of the NDMC - The NDMC, being 
empowered with policy-making, coordination, integration, supervision, 
monitoring and evaluation functions, shall have 
the following 
responsibilities to: 
a) Develop a National Disaster Risk Management Framework 
(NDRMF) which shall provide for comprehensive, all-hazards, 
multi-sectoral, inter-agency and community-based approach to 
disaster risk management that covers set of distinct but 
7 


interrelated activities in the pre-disaster phase such as risk or 
hazard identification, risk reduction, prevention, mitigation and 
preparedness, and in the post-disaster phase such as 
emergency response, rehabilitation and recovery. 
The 
Framework shall serve as the principal guide to disaster risk 
management efforts in the country and shall be reviewed on a 
5-year interval, or as may be deemed necessary, in order to 
ensure its relevance to the times. 
b) Develop, formulate, lead and monitor the implementation of the 
National Disaster Risk Management Plan (NDRMP) and ensure 
that this shall be considered and integrated in the Medium- 
Term Philippine Development Plan (MTPDP), in the National 
Budget, and in Local Disaster Risk Management Plans 
nationwide. 
c) Ensure that government agencies and local government units 
take 
adequate and 
appropriate measures in 
disaster 
management, including the preparation and updating of multi- 
hazard maps to facilitate disaster preparedness and mitigation; 
d) Ensure that all disaster preparedness, mitigation 
and 
prevention activities such as training, education, and public 
information, are given top priority by concerned government 
agencies and local government units; 
e) Recommend to the President the declaration of state of calamity 
in areas extensively damaged by disaster events and submit 
remedial proposals addressing these; 
f) Develop a Disaster Management Information System and 
Geographic Information System as policy and decision-making 
tools; 
g) Establish an operating facility to be known as the “National 
Disaster Management Center” that shall be operational and 
manned on a twenty-four (24) hour basis. 
h) Coordinate and meet with concerned departments, agencies, 
NGOs and POs, as often as necessary to effectively manage 
national efforts on disaster risk management; 
i) Conduct periodic assessment of the NDMC member-agencies’, 
Regional Disaster Management Office’s and Local Disaster 
Management Councils’ performances; and 
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j) Administer and provide 
the necessary guidelines 
and 
procedures on Calamity Fund releases as well as utilization, 
accounting and auditing thereof. 
SEC. 7. Authority of the NDMC Chairperson - The Chairperson 
of the NDMC may call upon other instrumentalities or entities 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 and disasters. 
Towards this end, the Chairperson is hereby authorized to restructure 
and reorganize the Office of Civil Defense as the Executive Directorate 
and Secretariat of the NDMC within a 5-year implementation period. 
SEC. 8. Mission of the Office of Civil Defense - The Office of 
Civil Defense (OCD), 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 approaches, as well 
as measures to reduce the vulnerabilities and risks to hazards. 
SEC. 
9. 
Functions of the OCD - The OCD shall have the 
following functions: 
a) Advise the NDMC on matters relating to disaster risk 
management coherent with the policies and scope as defined in 
this Act; 
b) Identify, assess and prioritize hazards and risks considered of 
national importance, in consultation with NDMC member- 
agencies concerned; 
c) Spearhead the development of a National Disaster Risk 
Management Framework (NDRMF); 
d) Develop and monitor the implementation of the National 
Disaster Risk Management Plan (NDRMP); 
e) Oversee the development, evaluation and review of local 
government disaster risk management plans; 
9 


fJ Oversee the development or enforcement by agencies and 
organizations of the various laws, guidelines, codes or technical 
standards required by this Act; 
g) Monitor the performance of the NDMC member-agencies, 
regional and local DMCs as provided for in this Act; 
h) Promote Disaster Risk Management through public education 
and awareness programs; 
i) Maintain and operate the National Disaster Management Center 
(NDMC); 
Direct and control the resources available for disaster risk 
management during a state of calamity as defined under this 
Act; 
j) 
k) Provide advice and assistance to the affected local government 
units (LGUs) during a state of calamity at the local level, as 
maybe necessary; and 
1) Perform such other functions as may be necessary for its 
effective operations and implementation of this ActL 
SEC. 10. The NDMC Secretariat - The OCD shall serve as the 
NDMC Secretariat and shall have the following functions: 
a) Record, prepare, disseminate and file the proceedings and 
undertakings of the NDMC and its technical Working Groups 
and Committees; 
b) Plan, monitor and evaluate the programs and activities of the 
NDMC Technical Working Groups and Committees; 
c) Implement the Disaster Management Information System and 
Geographic Information System as established by the NDMC; 
d) Monitor the extent of 
implementation of 
disaster risk 
management programs by 
the NDMC 
member-agencies, 
regional and local DMCs; and 
e) Perform such other functions as may be necessary for its 
effective operations and implementation of this Act. 
SEC. 11. Disaster Management Organization at the Regional 
Level - There shall be created in every region a Regional Disaster 
10 


Management Office (RDMO) that shall establish an operating facility or a 
Disaster Management Center in its areas of jurisdiction. 
SEC. 12. Disaster Management Organization at the Local 
Government Level - The current Provincial, City, Municipal and 
Barangay Disaster Coordinating Councils shall henceforth be known as 
the Provincial, City, Municipal and Barangay Disaster Management 
Councils (P/C/M/B DMCs) which shall have the following functions: 
a] Identify, assess and manage the hazards and risks that may 
occur in their locality; 
b] Communicate about those hazards and risks, their nature, 
effects, early warning signs and countermeasures; 
c] Identify and implement cost-effective risk-reduction measures 
or strategies; 
d] Take all necessary steps on an ongoing basis to maintain, 
provide or to arrange the provision of, or to otherwise make 
available suitably trained and competent personnel for effective 
civil defense and disaster risk management in its area; 
e] Respond to and manage the adverse effects of emergencies in 
the area; 
fl Carry out recovery activities; 
g] Promote and raise public awareness of and compliance with this 
Act and legislative provisions within its jurisdiction relevant to 
the purposes of this Act; 
h] Develop, approve, implement and monitor Local Disaster Risk 
Management Plans (LDRMP) 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; 
i] Establish linkage or network with other local government units 
for disaster-risk reduction and emergency response purposes; 
j] Formulate their own local ordinances consistent with the 
requirements of this Act; 
k] Integrate risk-reduction into local development plans, programs 
and budgets as a strategy in sustainable development and 
poverty reduction; 
1 1  


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Establish an operating facility to be 
known 
as the 
Provincial/City/Municipality/Barangay Disaster Management 
Center; and 
(1) Prepare and submit report on the utilization of the five percent 
(5%) local calamity fund to the local Commission On Audit 
(COA), copy furnished the local DILG. 
SEC. 13. Local Disaster Management Office - There shall be 
established a Local Disaster Management Office (LDMO) in every 
province, city and municipality 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 territorial jurisdiction. 
The DMO shall be under the Office of the Governor, City and 
Municipal Mayor 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 and Municipal Disaster Management Office 
shall have the following functions: 
a] Implement policies, plans and programs of the DMO consistent 
with the policies and guidelines laid down in this Act; 
b] Assess training needs on Disaster Risk Management and 
conducts training for stakeholders; 
c]Develop 
and 
strengthens 
mechanisms 
for 
partnership/ networking 
with 
private 
and 
public 
sector 
organizations; 
d] Prepare and submits to the Local Sanggunian, through the 
LDMO, the annual programming of the five percent (5%) local 
calamity fund and other regular funding source/s and 
budgetary support of the DMO and local DMCs; 
e] Serve as the Secretariat and Executive Arm of the Local DMOs; 
fl Coordinate disaster risk management activities; and 
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g] Act on matters that may be authorized by the Local Disaster 
Management Office. 
SEC. 14. The National Disaster Risk Management Plan - The 
National Disaster Risk Management Plan (NDRMP) shall provide for the 
identification of hazards and risks to be managed at the national level; 
disaster risk management approaches/ strategies to be applied in 
managing said hazards and risks; 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. It shall 
be in conformity with the National Disaster Risk Management Framework 
(NDRMF). 
SEC. 
15. 
The Community-Level Disaster Preparedness 
Committee - The Disaster Preparedness Committee (DPC) shall be 
formed at the barangay level. The DPC shall be the embodiment of 
people’s participation in the implementation of a truly community-based 
disaster management approach. The DPC shall be composed of three (3) 
to five (5) members from the ranks of community leaders or leaders of 
people’s organizations. The Committee shall lead in the various stages of 
disaster management activities 
and 
the 
provision 
of 
disaster 
management services. 
SEC. 16. Accredited Community Disaster Volunteers and 
Participation of NGOs and POs - A National roster of Accredited 
Community Disaster Volunteers (ACDV) shall be maintained by the 
NDMC. The criteria and procedures for accreditation of and a Manual of 
Operations for volunteers shall be developed by the NDMC in 
consultation with various stakeholders. Accreditation shall be done at 
the municipal level. 
SEC. 17. Declaration of State of Calamity - The Council may 
recommend a cluster of barangays, cities, municipalities, provinces, 
regions under a state of calamity at least one (1) of the following 
conditions are present: 
a] At least thirty percent (30%) of the population are affected; 
13 


b] At least thirty percent (30%) of the dwelling units have been 
destroyed; 
c] At least twenty-five percent (25%) of the major means of 
livelihood of the community are affected; 
d] At least fifty percent (50%) of the major roads and bridges are 
impassable; 
e] There is an outbreak of highly contagious diseases resulting to 
sickness and death of at least fifteen percent (15%) of the 
population; 
fl There is disruption of lifeline such as electricity, potable water 
system, transport system, communications system and other 
related systems which cannot be restored with one (1) week; 
g] There is flooding which is expected to last for one (1) week; and 
h] There is drought that shall affect one planting season. 
The declaration of a State Calamity may be issued either by the 
President or the local Sanggunian upon the recommendation of the Local 
Disaster Management Office based on the criteria provided for in this Act. 
SEC. 
18. Remedial Measures - The declaration of a State of 
Calamity shall make mandatory the immediate undertaking of the 
following remedial measures by the member-agencies concerned as 
defined in this Act: 
a] Automatic imposition of price control of basic necessities in 
areas declared under a State of Calamity by the President of the 
Philippines or local Sanggunian by 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] Programming/reprogramming of funds for the repair and safety 
upgrading of public infrastructures and facilities; and 
e] Granting of no-interest loans by government financing or lending 
institutions to the most affected section of the population. 
14 


SEC. 19. Prohibited Acts - Any person, group or corporation 
who commits any of the following prohibited acts shall be held liable and 
be subjected to the penalties as prescribed in Section 20 of this Act: 
(a) Dereliction of duties which lead to damages or death and 
misuse of funds; 
(b) Preventing the entry and distribution of relief goods in disaster- 
stricken areas, including appropriate 
technology, 
tools, 
equipment, accessories, disaster teams/experts; 
(c) Buying, for consumption or resale, from disaster relief agencies 
any relief goods, equipment or other aid commodities which are 
intended for distribution to disaster of victims; 
(d) Buying, for consumption or resale, from the recipient disaster 
victims any relief goods, equipment or other aid commodities 
received by them; 
(e) Hijacking or forcibly seizing relief goods, equipment or other aid 
commodities intended for or consigned to a specific group of 
victims or relief agency; 
(r) Diverting or misdelivering relief goods, equipment or other aid 
commodities to persons other than the rightful recipient or 
consignee; 
(g) Accepting, processing, using or disposing relief 
goods, 
equipment or other aid commodities not intended for nor 
consigned to him; 
(h) Misrepresenting the source of relief goods, equipment or other 
aid commodities by: 
(1) Either 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 of 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; 
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(i) Substituting or replacing relief goods, equipment or other aid 
commodities with the same items or inferior/cheaper quality; 
fj) 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; 
(k) Soliciting of funds and/or donations by non-accredited NGOs. 
In this regard, solicitation of funds and/or 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. 
SEC. 20. Penal Clause - Any individual, corporation, partnership, 
association, or other juridical entity that commits any of the prohibited 
acts provided for in Section 19 of this Act shall be prosecuted and upon 
conviction shall suffer a fine of not less than Fifty Thousand Pesos 
(P50,OOO.OO) or any amount not to exceed Five Hundred Thousand Pesos 
(P500,OOO.OO) or imprisonment of not less than six (6) years and one (1) 
day or more than twelve (12) 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 any of 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 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. 
However, the prosecution for offenses set forth in Section 19 of this 
Act shall be without prejudice to any liability for violation of Republic Act 
No. 3185, as amended otherwise known as the Revised Penal Code. 
16 


SEC. 21. Funding of Disaster Management Activities at the 
Local Level. - Five percent (5%) of the estimated revenue from regular 
sources of the local government unit shall be set aside as a local disaster 
management fund for disaster risk reduction or mitigation 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 local government 
unit or other areas, and for the payment of premiums on calamity 
insurance. 
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. 
SEC. 22. National Calamity Fund and Quick Response Fund 
a) The National Calamity Fund appropriated under the General 
Appropriations Act shall be used for aid, relief, rehabilitation, 
reconstruction and other work or services in connection with 
calamities which may occur during the budget year or those 
that occurred in the past two (2) 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; 
b) A Quick Response Fund (QRF) from the contingency fund of the 
Office of the President is hereby constituted to support the 
initial and immediate disaster response operations and needs of 
the National Disaster Management Center (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 
17 


used for the administrative expenses or as augmentation fund 
for regular agency programs, projects and activities not related 
to current calamities or disasters; 
d) All departments/agencies and local government units that are 
allocated with a 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; and 
e) The calamity fund shall be released within twenty-four (24) 
hours after the State of Calamity is declared. 
SEC. 23. Funding of the OCD - As 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. 
SEC. 24. Annual Report. The NDMC, through the OCD, shall 
submit to the Office of the President, Senate and House of 
Representatives and other concerned authorities, within the first quarter 
of the succeeding year and every year thereafter, an annual report 
relating to the progress of the implementation of disaster risk 
management programs by the NDMC member-agencies, regional and 
local DMCs under this Act. 
SEC. 25. Implementing Rules and Regulations - Subject to the 
approval by the President, the NDMC shall issue the necessary rules and 
regulations for the effective implementation of this Act. 
SEC. 26. Repealing Clause - Presidential Decree No. 1566 and 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. 
SEC. 27. 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. 
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SEC. 28. Effectivity Clause - 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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