Republic of the Philippines
HOUSE OF REPRI
Quezon City, Metro Manila

SEVENTEENTH (17") CON
First Regular Session

4203

ESS

iiscbe Bill No. “~~

Introduced by Rep. Bernadette Herrera-Dy

AN ACT CREATING THE EMERGENCY RESPONSE
DEPARTME (ERD), APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE
Whatsoever a man soweth, that shall he also reap.”

- Galatians 6.7 (KJV)

Yesterday was the best time to prepare our nation against calamities and
disasters. Taday is the best of time for change, to plant the seeds of prevention and
preparedness

Disaster preparedness and mitigation finds basis in this biblical principle.
When we sow love and respect for GOD's creations, we reap/harvest a
balance and harmonious ecology and avoid natural or man-made disasters
and calamities. Unfortunately, voluntary actions to protect the environment is
becoming rare and thus, the need to enact proper regulations that will ensure
preparedness and logistical requirements that are geared towards the raising of
awareness on disaster risk reductions.

In the 2015 World Risk Report Index that evaluates the risk of exposure of
countries to natural hazards and its vulnerability towards suffering from impacts,
the Philippines ranked 3* out of the 171 countries. Philippines has also been
ranked 13" in the Climate Change Vulnerability Index (CCVID) as one of the
ost vulnerable countries in the world, with the study based on the following
criteria: exposure, sensitivity, and adaptive capacity.

Therefore, Republic Act No. 10121, otherwise known as the "Philippine
Disaster Risk Reduction and Management Act of 2010” should be updated to
ensure its full implementation. The country should have an Emergency
Response Department (ERD) that will focus in lessening disaster risk and ensuring
disaster preparedness in Philippine communities through bureaus that will focus in
g effective mechanisms for disaster risk reduction and in disaster
response and evacuation.



Since the Philippines is prone to natural calamities due to its geographical
location, it should have a high level of resilience and adaptive capacity. This
entails a systematized approach in disaster management and a mechanism
that responds to the eventuality of a total or considerable breakdown of authority
during disaster

view of the foregoing, approval of this bill is most urgently and

earnestly recommended.

v


Wwe

erry

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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SEVENTEENTH (17) CONGRESS,
First Regular Session

House Bill No. 4203

Introduced by Rep. Bernadette Herrera-Dy

DEPARTME! iT (ERD), APPROPRIAT

3 THE EMERGENCY RESPONSE
NG FUNDS THEREFOR,
AND FOR OTHER PURPOSES

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

SEC. 1.

Short

This Act shall be known as the "Emergency Response

Department (ERD) Act of 2016."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State:

(a)

(b)

(c)

To uphold the sacredness and dignity of human life by efficiently and
effectively addressing humanitarian emergencies, _ including
calamities and disasters, through the establishment of a focused,
streamlined, independent, empowered, capacitated, full-time,
specialized agency on disaster risk reduction and management as
well as emergency response, which is national in scope and civilian
in character. The people are the most important assets of the nation,
and all disaster risk reduction and management efforts shall be
responsive to the humanitarian needs of the people, the dignity and
value of the human person, and respect for property;

To promote a d, strategic, systematic, continuou:
comprehensive, inclusive, and integrated approach to disaster risk
reduction and management, with the end in view of substantially
reducing vulnerabilities and the risk of disasters and other
humanitarian emergencies, towards the preservation of life and property,
thereby ultimately preventing or deterring the loss of lives and
the social, economic, cultural, and environmental assets of the
country:

To establish permanent, institutionalized, cohesive and
comprehensive framework for disaster preparedness, prevention
and mitigation, and response, to be implemented by a full-time and



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focused specialized agency with its own mandate, powers, and funding,
in coordination and with the participation of the Philippine government,
other foreign governments and financial institutions, international
organizations, the private sector, and civil society.

(d) To create an integrated, systematic, comprehensive, and cohesive plan to
simplify, streamline, integrate, and coordinate the various programs,
projects, and activities of the Government and such other
actors/stakeholders in disaster risk reduction and management to ensure
accountability, responsibility, and transparency, as well as to achieve
efficiency and effectiveness of in the performance of their functions.

In disaster risk reduction and management, disaster prevention and
mitigation shall, first of all, aim the outright avoidance of the adverse impacts
of hazards and related disasters. However, with the knowledge and capacities to
effectively anticipate, respond to, and recover from, the impacts of likely,
be
carried out in the most effective and efficient manner. In a disaster scenario,
the response shall ensure the provision of emergency services and public
assistance, before, during or immediately after, a disaster.

imminent or current hazard events or conditions, preparedness action sha

SEC. 3. Definition of Terms. For purposes of this Act, the following shall refer
to:

(a) Contingency Planning - a management process that analyzes specific
potential events or emerging situations that might threaten society or the
environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations;

(b) Disaster - a serious disruption of the functioning of a community or
a society involving widespread human, material, economic or

environmental losses and impacts, which exceeds the ability of the

affected community or society to cope using its own resources;

(c) Emergency - any oceasion or instance for which, in the
determination of the President, national assistance is needed to
supplement local government efforts and capabilities to save
and to protect property and public health and safety, or to lessen or avert
the threat of a catastrophe in any part of the country;

(d) Emergency Management - the organization and management of
resources and responsibilities for addressing all aspects of
emergencies, in particular preparedness, response and initial recovery
steps:

(©) Geographic Information System - a database which contains, among
others, geo-hazard assessments, information on climate change,
and climate risk reduction and management;

(f) Government - includes the National Government, and any of its


subdivisions, agencies or instrumentalities, including government-
owned and controlled corporations and their subsidiaries, and Local
Government Units;

(g) Hazard - a dangerous phenomenon, substance, human activity or
condition that may cause loss of life, injury or other health impacts,
property damage, loss of livelihood and services, social and economic
disruption, or environmental damage;

(h) Humanitarian - one devoted to the promotion of human welfare
and the advancement of social reform;

(i) Response - any and all projects, programs, plans, and activities pertaining
to action or ii jon to prevent/mitigate, prepare for, and generally
perform any and all act in relation to, disasters and other
humanitarian emergencies. This includes, but is not limited to, the
provision of emergency services and public assistance during or
immediately after a disaster. Disaster response that is predominantly
focused on immediate and short-term needs and is sometimes called
“disaster relief"; and

@ State of Calamity - a condition involving mass casualty and/or major
damages to property, disruption of means of livelihoods. roads and
normal way of life of people in the affected areas as a result of the
occurrence of natural or human-induced hazard.

Chapter 1
THE DEPARTMENT PROPER

SEC. 4. Emergency Response Department. —- To carry out
the above-declared policy, there is hereby created the Emergency Response
Department, hereinafter referred to as the Department, which shall prepare,
integrate, coordinate, implement, supervise, control, monitor, and evaluate
all plans, programs, projects, and activities of the Government on
humanitarian emergency assistance and disaster risk reduction and
management.

SEC. 5. Powers and Functions. - In addition to the powers
and functions provided by this Act, the Department shall also assume the
policy-making, coordination, integration, supervision, monitoring and
evaluation functions currently lodged with the existing National Disaster
Risk Reduction and Management Council (NDRMMC), and shall take over
all of the latter's responsibilities enumerated in Section 6 of Republic Act
No. 10121. It shall also assume the powers and functions of the Office of
the Civil Defense (OCD) as enumerated in Section 9 of Republic Act No.
10121.

To this end, all references to the powers and functions of the


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NDRMMC and the OCD in Republic Act No. 10121 shall be understood
to refer to the Department created under this Act.

The Department shall also have administrative supervision and
control over the existing Regional Disaster Risk Reduction and Management
Offices (RDRRMOs), and the Local Disaster Risk Reduction and
Management Offices (LDRRIVIOs), organized in all _ provinces,
cities/municipalities and barangays in the country, which are hereby
thereafter called Regional Emergency Response Offices (REROs) and
Local Emergency Response Offices (LEROs), respectively.

SEC. 6. Composition. - The Department Proper shall be composed
of the Office of the Secretary and the Offices of the Undersecretaries and
Assistant Secretaries, and the bureaus and services of the Department as well
as Regional and Local Offices.

The Provincial, City, Municipal and Barangay Emergency Response
Offices and Rescue Teams shall be under the control and supervision
of their respective local government units. The ERD shall exercise
supervisory powers over such offices.

SEC. 7. Office of the Secretary. - The Office of the Secretary shall
consist of the Secretary and his/her immediate staff.

SEC. S. The Secretary. - The Secretary shall be appointed by the
President, subject to confirmation by the Commission on Appointments.

The Secretary shall have the following powers and functions:

(a) Advise the President in issuing executive orders, regulations,
proclamations and other issuances, the promulgation of which
is expressly vested by law in the President relative to matters
under the jurisdiction of the Department;

(b)

lablish the policies and standards for the effective, efficient,
and economical operation of the Department pursuant to a
national disaster risk reduction and management framework
which shall provide for a comprehensive, all-hazards, multi-
sectoral, inter-agency and community-based approach to
humanitarian emergency assistance and disaster risk reduction
and management, in line with Section 6 (a) of the Philippine
Disaster Risk Reduction and Management Act of 2010;

(c) Promulgate rules and regulations necessary to carry out
department objectives, policies, functions, plans, programs, and
projects;

(d) Promulgate administrative issuances necessary for the efficient
administration of the offices under his/her jurisdiction and for
the proper execution of the laws relative thereto;



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(e) Exercise direct supervision and control over all functions and
acl 's of the Department, as well as all its officers and personnel;

(f) Create regional offices and such other service units and
divisions, as may be necessary; and

(g) Perform such other functions as may be necessary and/or
proper to attain the objectives of this Act.

EC, 9. The Undersecretaries. - The Secretary shall be shall be
assisted by three (3) Undersecretaries in the performance of the
Department's functions and duties related to the pillars of disaster risk
reduction and management, namely, (a) disaster preparedness, (b) disaster
response, and (c) disaster prevention and mitigation. Another undersecretary
shall be in charge of administrative and finance services.

The Undersecretaries shall be appointed by the President upon the
recommendation of the Secretary. They shall have the powers and functions,
as provided for in Section 10, Chapter 2, Book IV of the Administrative
Code of 1987, relative to the scope of their responsibilities as provided
above.

The Office of the Undersecretaries shall consist of the
Undersecretaries and their respective immediate staff.

SEC. 10. Assistant Secretaries. - The Secretary shall also be
assisted by three (3) Assistant Secretaries, one (1) for training, one (1) for
operations, and one (1) for legal affairs. The Assistant Secretaries shall be
appointed by the President upon the recommendation of the Secretary.

SEC. 11. Qualifications. -No person shall be, appointed Secretary,
Undersecretary, or Assistant Secretary of the Department, unless he/she
is a citizen and resident of the Philippines, of good moral character, and of
proven experience or competence/expertise in humanitarian emergency
assistance and disaster management over the course of his/her career. The
Secretary, Undersecretary, or Assistant Secretary shall not hold any
other position, public or private, during his/her tenure.

SEC. 12. Bureaus and Service. - Subject to the power of the
Secretary, with the approval of the President, to reorganize, restructure,
and redefine the functions of the bureaus and services for the effective
discharge of the powers and functions of the Department under this Act,
the Department shall have the following bureaus and servic

(a) Bureau of Hazard Education and Risk Mi

(b) Bureau of Disaster Preparedness;

(c) Bureau of Humanitarian Emergency Relief Operations: and


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(d) Bureau of Administration and Finance.

SEC, 13. Powers and Functions of the Bureaus and Service. -
The bureaus and service shall have the following powers and functions:

(a) The Bureau of Hazard Education and Risk Mitigation shall the
cretary in the formulation of policies, program: s related to

i d mitigation, as defined in Se ‘
respectively, of the Philippine Disaster Risk Reduction and Management Act
of 2010. In particular, it shall take the lead in.

(1) Making an inventory and Checklist of all personnel,
equipment, and supplies critical during disasters in all local
government units, in accordance with protocols and contingency
plans, and endeavoring that the same be provided to the local
government unit within a period of twelve (12) months upon the
passage into law of this Act;

(2) Conducting a review of the National Building Code and Fire
Code of the Philippines, fogether with the relevant government
department, and submitting the results thereof to the Senate and House
of Representatives of the Philippines, with a view of developing
legislation which seeks to strengthen infrastructure in line with
disaster prevention and mitigation;

(3) Developing, updating, and maintaining a national geographic
information system which shall be the basis of national, regional, and
local disaster protocols and contingency plans, which shall be under
the control and custody of the Department. The same shall also be
maintained at all local government units, as possible;

(4) Mainstreaming and integrating disaster risk reduction and
management (DRRM) and climate change adaptation (CCA) in all
national, sectoral, regional and local development policies, plans and
budgets, relating to environmental protection, including, but not
limited to, those for land use and natural resource management,
enforcement and updating of all national legislation relating to
modification of infrastructure towards resilienc:

(5) Developing and implementing community-based and

ster risk financing, insurance, and other
risk transfer mechanisms at the community level;

(7) Establishing, developing and improving the end-to-end
monitoring and forecasting of hazards, including early warning systems and


1 practices: and

3 (8) Such other functions relevant to its mandate of disaster
4 prevention and mitigation.
6 (b) The Bureau of Disaster Preparedness shall assist the Secretary in the
7 formulation of policies, programs, and plans related to disaster preparedness,
8 as defined in Section 2(j) of the Philippine Disaster Risk Reduction and
9 Management Act of 2010. In particular, it shall take a lead i

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ut (1) Developing DRRM and CCA information, education,
12 communication and advocacy plans;

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“4 (2) Developing standard DRRM training modules and the
1s conduct of trainings, simulation exercises, and other capacity-building
16 activities for communities and specific groups, including, but not
7 limited to, quick respond teams, frontline government and private
Is responders, and humanitarian aid workers:

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20 (3) Developing and monitoring the implementation of locality-

21 based DRRM contingency plans, and establishing/monitoring the

2 operations of national and local Emergency Response Operation

23 Centers;

(4) Developing and implementing comprehensive, scenario-

26 based national and local preparedness policies, plans and systems, in
a primary coordination with the local government unit/s concerned, in
28 the wake of an imminent humanitarian emergency and/or disaster.
29 Such policies, plans, and systems include, but are not limited to,
30 preventive evacuation, the procurement of facilities, equipment.
31 tools, systems and other mechanisms to cope with the effects thereof;
32 the deployment of essential personnel and manpower in critical areas
33 of concern; and the formulation of such other courses of action to avert
34 the loss of lives, livelihood and/or property;

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36 (5) Strengthening the partnership and coordination between
37 and among all key players and stakeholders in a humanitarian
38 emergency and/or disaster;

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40 (6) Prepari | the criteria and procedure for the enlistment of

4 accredited community disaster volunteers (ACDVs), and the drafting
2 of a manual of operations for ACDVs, in consultation with relevant

a stakeholders; and

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45 (7) Such other functions relevant to its mandate of disaster
46 preparedness.

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48 (c) The Bureau of Humanitarian Emergency Relief Operations
49 shall assist the Secretary in the formulation and implementation of policies.
50 programs, and plans related to disaster response, as defined in Section 2(1)


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of the Philippine Disaster Risk Reduction and Management Act of 2010. In
particular, it shall take the lead in the following activities, in primary
coordination with the local government unit/s concemed:

(1) Establishing and implementing a comprehensive, well-
coordinated, effective, and efficient Disaster Response Action
Plan (DRAP) for every humanitarian emergency or disaster, with the
primary goal of preventing or deterring the loss of lives, property and
livelihood;

(2) Developing and implementing an integrated and
coordinated system of search, rescue and retrieval (SRR), and
evacuations procedure;

(3) Establishing a mechanism to ensure the prompt and accurate
assessment of damage in disaster areas, including, but not limited to,
the loss of lives, bodily injuries, damages to infrastructure and public
facilities, and the destruction of social, economic, cultural, and
environmental assets;

(4) Establishing a mechanism to ensure the prompt and accurate
assessment of humanitarian needs in disaster areas, including, but not
limited to, food, nutrition, health, clothing, shelter, livelihoods, water,
sanitation, hygiene, protection, and the preservation of peace and
order;

(5) Identifying standard-based relief shelters and sites for
internally displaced persons, as well as developing and implementing
of a set of minimum standards for such temporary shelters;

(6) Supplementing the efforts of the local government unit
concerned in providing basic social services, livelihood-oriented
activities and psychosocial interventions to the affected
population, whether inside or outside temporary shelters; and

(7) Such other func!
response.

ms relevant to its mandate of disaster

In case there is total or considerable breakdown of authority
resulting from the humanitarian emergency or disaster, which requires
response that goes beyond the mandate or capacity of the local government
uni concerned, the Bureau shall, with prior authorization from the
Department, directly formulate, implement, manage and coordinate all
disaster response activities. In such case, the Department shall be
possessed with the power to call upon other agencies and instrumentalities
of government, and neighboring local government units, to augment,
supplement and/or implement disaster response efforts. Further, the authority
of the Bureau shall be provided, described, and limited in the
authorization.

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1 (d) The Bureau of Administration and Finance shall be composed of
2 the Office of the Legal Counsel and the Financial and Management
y Office. The Office of the Legal Counsel shall be responsible for providing
4 legal services and advice on all policies, programs, and operational matters of
5 the Department. It shall provide legal counseling services in cases where the

Department is a party and shall also handle administrative cas
any personnel of the Department and su
thereto.

s against
it recommendations pertaining

The Financial and Management Office, which shall consist of the
Human Resources Management Division, General Services Division, and
the Finance Division, shall be responsible for providing the Department
with services relative to personnel information, records, supp!
equipment, collection and disbursements, security, and custodial work. It
shall also be responsible for providing the Department with staff advice and
tance on budgetary, financial, and management improvement matters.

Chapter 2
ATTACHED AGENCIES AND COORDINATION WITH OTHER
GOVERNMENT DEPARTMENTS

'. 14, Relationship with Other Government Departments.
- In the discharge of their respective responsibilities, the Department's
bureaus shall coordinate with the relevant Government departments,
agencies, offices and instrumentalities, whose powers and functions are
relevant to the each bureau's respective focus area.

SEC. 15. Coordination with Other Government Entities. -

The Secretary is hereby empowered to constitute, call, convene, meet
with, and/or deputize agencies of government, or an aggrupation or cluster
thereof, to assist, advise or otherwise coordinate with the Secretary. The
representatives from the civil society/non-governmental organizations

and the private sector may also be included, whenever necessary, as members
of the coordination mechanism called for by the Secretary.

SEC. 16. Attached Agencies. - The Philippine Atmospheric,
39 Geophysical and Astronomical Services Administration (PAG-ASA) and
40 the Philippine Institute of Volcanology and Seismology (PHIVOLCS) are
41 hereby placed under the supervision of the Department: Provided, however.
2 that they shall continue to perform their respective functions as provided by
43 jaw.
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47 HE HUMANITARIAN EMERGENCY ASSISTANCE AND
48 DISASTER FUND, DONATIONS, AND ACCOUNTABILITY
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50 SEC. 17, Humanitarian Emergency Assistance and Disaster

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ery auaeune

Fund (Calamity Fund). — At least one percent (1%) of the estimated
revenue from regular sources of government, or Twenty Billion Pesos (PhP
20,000,000,000.00), whichever is higher, shall be set aside as an annual lump
sum appropriation for unforeseen expenditures arising from the occurrence
of calamities: Provided however, that such appropriation shall be used only
in the area, or a portion thereof, of the country declared as in a state of
calamity.

The present National Disaster Risk Reduction and Management Fund
(NDRRMF) and the Local Disaster Risk Reduction and Management Fund
(LDRRNIF) shall henceforth be known as the Humanitarian Emergency
Assistance and Disaster Fund (HEAD Fund) and Local Humanitarian
Emergency Assistance and Disaster Fund (Local HEAD Fund), respectively.

The Department shall manage, mobilize, and with the approval of
the President, release resources for disaster risk reduction and
management, including the funds herein provided for. It shall also monitor
and provide the necessary guidelines and procedures for the release,
utilization, accounting, and auditing of the Local HEAD Fund.

There shall also be created a regular fund for the personnel, resource
requirements, and other administrative costs related to the operations of the
Department.

SEC. 18. Donations. - All monetary contributions, and donations in
kind, including, but not limited to, ‘equipment, food, clothing,
medicine, and related supplies from international and local sources,
shall be coordinated with the Department. This central coordination
mechanism would ensure that the same are equitably and properly
allocated and utilized actually, directly and solely/exclusively for disaster
risk reduction and management efforts.

The Department shall maintain and make publicly available a
complete, accurate, timely, and separate record of such donations,
indicating the particular areas where such were allocated, and the exact
purposes for which the same were utilized.

SEC. 19, Accountability, Responsibility, Transparency, and
Access to Information - The Department and all regional and local
councils and offices under its supe nor control, shall make
available to the public for scrutiny, copying, and reproduction: (i) any and
all records of their financial transactions, including, but not limited to,
donations received, funds allocated, and amounts disbursed; (ii) all information
pertaining to their official acts, transactions or decisions; and (in) relevant
research data used as basis for policy development, regardless of the
physical form or format in which such record, information, or data is
contained.

The Department and the LGUs concerned shall also upload
such records, information or data on their websites, which shall be

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regularly updated every fifteen (15) days. In case of voluminous records,
information or data, the Department and/or local government units
concerned may, in its/their discretion, upload only an executive summary
thereof, with a note outlining the procedure/requirements to obtain full
access to the complete record, information, or data.

The record, information, or data uploaded in the websites may be
withdrawn after a period of three (3) years from the time of uploading;
Provided, that an abstract thereof shall remain uploaded in the website, with
an indication of the dates of posting and withdrawal, and a note outlining
the procedure/requirements to obtain full access to the withdrawn record,
nformation, or data.

Chapter 4
‘TRANSITORY PROVISIONS

SEC. 20. Abolition of the Office of Civil Defense; Transfer
of Powers and Functions. - The Office of Civil Defense is hereby
abolished, and its powers and functions are hereby transferred to the
Department. The foregoing transfer of powers and functions shall include
all applicable funds and appropriations, records. equipment, property, and
personnel as may be necessary.

The Department shall, by virtue of this Act, be subrogated to all
the rights and assume all the liabilities of the Office of Civil Defense, and all
other agencies, or government units whose functions and powers have been
transferred to the Department, and all their funds, records,
assets, equipment, and such personnel as necessary,
unexpended appropriations and/or allocations. All contracts and
liabilities of the said offices, agencies, and government units are hereby
transferred to and assumed by the Department and shall be acted upon
in accordance with the Auditing Code and other pertinent laws, rules,
and regulations; Provided, That the officers and employees of said offices
agencies, and government units shall continue in a hold-over capacity until
h time as the new officers and employees of the Department shall
have been duly appointed pursuant to the provisions of this Act.

The same shall apply to agencies and government units which
have not been abolished, but whose functions have been transferred to the
Department.

SEC. 21, Structure and Staffing Pattern. - The organizational
framework and staffing pattern of the Department shall be prescribed and
approved by the Secretary within sixty (60) days after the approval of this
Act and the authorized positions created therein shall be filled by regular
appointments by the President or the Secretary as the case may be: Provided
that. in the filling of positions created, preference shall be given to the
personnel of the Office of Civil Defense.



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SEC. 22. Separation from Service. - Employees separated from
the service as a result of this reorganization shall, within six (6) months
from their separation from the service, receive the retirement benefits to
which they may be entitled under existing laws, rules, and regulations.

SEC. 23. Approp:
implementation of thi

ions. - The amount needed for the initial
hall be taken from the current year's
ster Risk Reduction and Management
Council, the Local Disaster Risk Reduction and Management Councils, and
the Office of Civil Defense. Thereafter, the amount needed for the operation
and maintenance of the Department and its line agencies shall be included
in the annual General Appropriations Act.

act
appropriations of the National Dis

Chapter 5
MISCELLANEOUS PROVISIONS

SEC. 24. Visitorial Powers. - The Secretary of the
Department and/or his/her authorized representative shall have visitorial
and examining authority over governmental and non-governmental
entities engaged in post-disaster relief in order to ensure that all
donations, financial or otherwise, coursed through them, are actually used
for disaster risk reduction and management efforts.

During such examination, the entity concerned shall produce all the
reports, records, books of accounts, and other papers that may be required.

The refusal by any such entity to allow an examination of its books of
accounts and pertinent records, or the concealment of any material
information concerning its financial status, shall constitute a legal ground
for the cancellation of its registration, and the revocation of all tax-
exemption privileges and other benefits granted to it by law, in the case of a
non-governmental entity, or the institution of any proper legal action against
the erring official concerned, in case of a governmental entity.

SEC. 25. Stand-by Arrangements with the Private Sector. At
te,
enter into, institutionalize, and coordinate arrangements with any private
person, natural or juridical, for the purpose of ensuring the adequate, prompt,
and ready availability of all goods and services, necessary for disaster
response, for as long as the emergency circumstances require, to be deployed
before, during, and after an emergency or disaster, subject to the payment of
just compensation in appropriate cases.

any time, the Secretary of the Department shall have the power to nego

SEC. 26. Commandeering Private Property for Public Purpose. -
The Secretary of the Department shall have the power to commandeer any
private property for public purpose, subject to payment of just compensation
in appropriate cases, when there is a clear and present danger that a disaster

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or humanitarian emergency would cause imminent loss of lives and/or the
massive destruction of property, and when time is of the essence. The
commandeering powers shall last no longer than necessary or for as
long as the circumstances require.

The refusal by any such person or entity to be commandeered, shall
constitute a legal ground for the cancellation of its registration, if any, and the
revocation of all tax-exemption privileges and other benefits granted to it by
law in the case of a non-governmental entity; the institution of any proper
legal action against the erring official concemed, in case of a governmental
In addition, the official of the establishment, institution, or
functionality shall be subjected to a fine and/or imprisonment as provided
for in Sec. 28 of this Act.

SEC. 27, Declaration of State of Calamity. - Whenever
warranted by circumstances, the Department shall recommend to the
President of the Philippines the declaration of a state of national calamity
and the lifting thereof. It shall also have the power to, motu propio or upon the
favorable recommendation of the LDRRMCs, declare 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 Department. A declaration of a
state of calamity shall entail access to international assistance. as deemed
necessary.

The declaration and lifting of the state of calamity shall be based on the
result of the damage assessment and needs analysis. The causes, 'effects and
incidents of the calamity and the need for the declaration shall be specified.

SEC. 28. Emergency and Contingency Powers. - Whenever it
becomes necessary, the Department Secretary, shall have the power to
recommend to the President to call out the Armed Forces of the Philippines
and/or the Philippine National Police to prevent or suppress lawless
violence, subject to the chain of command, and to ensure the protection and
preservation of life and/or properties, in the whole range of disaster risk
reduction and management.

In times of disasters, and whenever warranted by the circumstanc
the Department Secretary may call upon other instrumentaliti

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 the whole range of
disaster risk reduction and management. This authority includes the power
to call on the reserve force as defined in Republic Act No. 7077 to assist
in relief and rescue during disasters or calamities.

SEC. 29. Prohibited Acts. ~ In addition to the prohibited acts
penalized under Section 20, in relation to Section 19, of the Philippine
Disaster Risk Reduction and Management Act of 201

(a) Any person, group or corporation who directly or indirectly

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requests or receives any part of the funds devoted to disaster risk reduction
and management, as well as monetary contributions and donations in kind,
where such person, group or corporation has no right to receive such
proceeds from the fund, in whole or in part, monetary contribution or
donation, shall be guilty of corruption of calamity funds or donations, Any
person found guilty of corruption of calamity funds or donation amounting
to but not exceeding One Million Five Hundred Pesos (P1,500,000.00) shall
suffer a fine of not less than One Hundred Fifty Thousand Pesos (Php
150,000.00) or imprisonment of not less than twelve (12) years and one
(1) day, nor more than twenty (20) 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 the
herein prohibited act;

(b) Any person who, with intent to ‘gain, but without violence
against or intimidation of persons nor force upon things, shall take personal
property devoted to any disaster risk reduction and management activity.
without the consent of the Secretary, shall be guilty of the crime of qualified
theft, and shall be prosecuted and upon conviction shall be punished by the
penalties next higher by three degrees than those respectively specified in
Article 309 of the Revised Penal Code;

(c) Any public officer who, by reason of the duties of his office, is
accountable for calamity funds or property devoted to disaster risk reduction
and management efforts, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or negligence, shall
permit any other person to take such public funds, or property, wholly or
partially, or shall otherwise be guilty of the misappropriation or
malversation of such funds or property, shall be punished by the penalties
next higher by three degrees than those respectively specified in Article 217
of the Revised Penal Code.

In all the above, 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.

‘The prosecution for the offenses shall be without prejudice to any
liability for violation of Republic Act No. 3185, as amended, otherwise
known as the Revised Penal Code, and other civil liabilitie:

SEC. 30. Implementing Rules and Regulations. - The Department
shall issue the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days after approval of this Act.
e Secretary, in consultation with relevant government agencies and other

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key stakeholders, shall take the lead in the preparation of the
implementing rules and regulations.

SEC. 31. Annual Report. - The Department shall submit to the
Office of the President, the Senate, and the House of Representatives,
within the first quarter of the succeeding year, an annual report relating
to the progress of the implementation of all disaster risk reduction and
management efforts, and a detailed inventory of available personnel,
supplies and equipment. Such report shall be made available to the public
for scrutiny, copying, and reproduction, and shall also be uploaded in the
Department's website.

mmittee. ~There is
hereby created a Congressional Oversight Committee to monitor and
oversee the implementation of the provisions of this Act. The Committee
shall be composed of six (6) members from the Senate and six (6) members
from the House of Representatives with the Chairpersons of the Committees
on National Defense and Security of both the Senate and the House of
Representatives as joint Chairpersons of this Committee. The five (5) other
members from each Chambers are to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority
shall be entitled to pro rata representation but shall have shall have at least
two (2) representatives from each Chamber.

SEC. 32. Congressional Oversight C

SEC. 33. Sunset Review. - Within five (5) years after the effectivity
of this Act, or as the need arises, the Congressional Oversight Committee
shall conduct a systematic evaluation of the accomplishments and impact
of this Act, as well as the performance and organizational structure of the
Department, for purposes of determining remedial legislation.

SEC. 34. Repealing Clause. - All references to the NDRMMC in
existing laws, including, but not limited to, the Philippine National
Disaster Risk Reduction and Management Act of 2010, shall be
understood to refer to the Department created under this Act.

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 and repealed accordingly.

SEC. 35. Separability Clause. - If any provision of this law is
declared unconstitutional, the remaining provisions thereof not affected
in full force and effect.

- This Act shall take effect fifteen (15)
s after i tion in the Official Gazette or in two (2) national
newspapers of general circulation.

Approved,

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