Republic Act No 10121

March 28, 2018 | Author: zeuqsaver | Category: Disaster Risk Reduction, Risk Management, Emergency Management, Climate Resilience, Emergency


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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 INSTITUTIONALIZING THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title. - This Act shall be known as the "Philippine Disaster Risk Reduction and Management Act of 2010". Section 2. Declaration of Policy. - It shall be the policy of the State to: (a) Uphold the people's constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country's institutional capacity for disaster risk reduction and management and building the resilience of local communities to disasters including climate change impacts; (b) Adhere to and adopt the universal norms, principles and standards of humanitarian assistance and the global effort on risk reduction as concrete expression of the country's commitment to overcome human sufferings due to recurring disasters; (c) Incorporate internationally accepted principles of disaster risk management in the creation and implementation of national, regional and local sustainable development and poverty reduction strategies, policies, plans and budgets; (d) Adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socioeconomic and environmental impacts of disasters including climate change, and promote the involvement and participation of all sectors and all stakeholders concerned, at all levels, especially the local community; (e) Develop, promote, and implement a comprehensive National Disaster Risk Reduction and Management Plan (NDRRMP) that aims to strengthen the capacity of the national government and the local government units (LGUs), together with partner stakeholders, to build the disaster resilience of communities, and' to institutionalize arrangements and measures for reducing disaster risks, including projected climate risks, and enhancing disaster preparedness and response capabilities at all levels; (f) Adopt and implement a coherent, comprehensive, integrated, efficient and responsive disaster risk reduction program incorporated in the development plan at various levels of government adhering to the principles of good governance such as transparency and accountability within the context of poverty alleviation and environmental protection; (g) Mainstream disaster risk reduction and climate change in development processes such as policy formulation, socioeconomic development planning, budgeting, and governance, particularly in the areas of environment, agriculture, water, energy, health, education, poverty reduction, land-use and urban planning, and public infrastructure and housing, among others; (h) Institutionalize the policies, structures, coordination mechanisms and programs with continuing budget appropriation on disaster risk reduction from national down to local levels towards building a disaster-resilient nation and communities; (i) Mainstream disaster risk reduction into the peace process and conflict resolution approaches in order to minimize loss of lives and damage to property, and ensure that communities in conflict zones can immediately go back to their normal lives during periods of intermittent conflicts; (j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive to indigenous know ledge systems, and respectful of human rights; (k) Recognize the local risk patterns across the country and strengthen the capacity of LGUs for disaster risk reduction and management through decentralized powers, responsibilities, and resources at the regional and local levels; (l) Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters; (m) Engage the participation of civil society organizations (CSOs), the private sector and volunteers in the government's disaster risk reduction programs towards complementation of resources and effective delivery of services to the Citizenry; (n) Develop and strengthen the capacities of vulnerable and marginalized groups to mitigate, prepare for, respond to, and recover from the effects of disasters; (o) Enhance and implement a program where humanitarian aid workers, communities, health professionals, government aid agencies, donors, and the media are educated and trained on how they can actively support breastfeeding before and during a disaster and/or an emergency; and (p) Provide maximum care, assistance and services to individuals and families affected by disaster, implement emergency rehabilitation projects to lessen the impact of disaster, and facilitate resumption of normal social and economic activities. Section 3. Definition of Terms. - For purposes of this Act, the following shall refer to: (a) "Adaptation" - the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. (b) "Capacity" - a combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes analysis. material. destruction of assets. CSOs unite people to advance shared goals and interests. (f) "Complex Emergency" . mental and social well-being. and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of life. loss of services. and are based on ethical. CSOs include nongovernment organizations (NGOs). (j) "Disaster Preparedness" . Disasters are often described as a result of the combination of: the exposure to a hazard. community-based organizations (CBOs).a process of disaster risk reduction and management in which at risk communities are actively engaged in the identification. They have a presence in public life. Mitigation measures encompass engineering techniques and hazard-resistant construction as well as improved environmental policies and public awareness. foundations. (g) "Contingency Planning" . together with damage to property.a serious disruption of the functioning of a community or a society involving widespread human. religious or philanthropic considerations.non-state actors whose aims are neither to generate profits nor to seek governing power.such as social relationships. whether due to natural variability or as a result of human activity. faith-based organizations. 1avvphi1 (i) "Disaster Mitigation" . Social and economic disruption and environmental degradation. leadership and management. and recover from. monitoring and evaluation of disaster risks in order to reduce their vulnerabilities and enhance their capacities. physical.the lessening or limitation of the adverse impacts of hazards and related disasters. scientific. disease and other negative effects on human. Capacity may also be described as capability. respond to. economic or environmental losses and impacts. (e) "Community-Based Disaster Risk Reduction and Management" or "CBDRRM" . injury. communities and individuals to effectively anticipate. (c) "Civil Society Organizations" Or "CSOs" . people's organizations.a change in climate that can' be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer. (d) "Climate Change" . treatment. and labor unions.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. cultural.a form of human-induced emergency in which the cause of the emergency as well as the assistance to the afflicted IS complicated by intense level of political considerations. which exceeds the ability of the affected community or society to cope using its own resources. the conditions of vulnerability that are present. independent research institutes. the Impacts of . social movements.the knowledge and capacities developed by governments. professional response and recovery organizations. professional associations. (h) "Disaster" . effective and appropriate responses to such events and situations. and where the people are at the heart of decision-making and implementation of disaster risk reduction and management activities. expressing the interests and values of their members or others. among others. livelihood.the potential disaster losses in lives. Prospective disaster risk reduction and management refers to risk reduction and management activities that address and seek to avoid the development of new or increased disaster risks. and operational skills and capacities to implement strategies. (n) "Disaster Risk Reduction" . Preparedness action is carried out within the context of disaster risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery. legal and budgetary capacities. organizations. Disaster response is predominantly focused on immediate and short-term needs and is sometimes called "disaster relief". lessened vulnerability of people and property. and seismic engineering designs that ensure the survival and function of a critical building in any likely earthquake. monitoring. especially if risk reduction policies are not put m place. (l) "Disaster Response" .the systematic process of using administrative directives. Preparedness is based on a sound analysis of disaster risk and good linkages with early warning systems. information on disasters and their human material.the provision of emergency services and public assistance during or immediately after a disaster in order to save lives. including through reduced exposures to hazards. and improved preparedness for adverse events. (k) "Disaster Prevention" . It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as construction of dams or embankments that eliminate flood risks. analysis and forecasting of the hazards.likely. (p) "Disaster Risk Reduction and Management Information System" . (q) "Early Warning System" . wise management of land and the environment. reduce health impacts. These must be supported by formal institutional. health status. policies and improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster. risk assessment and mapping and vulnerable groups. and associated training and field exercises. A peoplecentered early warning system necessarily comprises four (4) key elements: knowledge of the risks. imminent or current hazard events or conditions. the development of arrangements for coordination. (m) "Disaster Risk" . communities and organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss. land-use regulations that do not permit any settlement in high-risk zones. assets and services. which could occur to a particular community or a Society over some specified future time period. ensure public safety and meet the basic subsistence needs of the people affected.the set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals. stockpiling of equipment and supplies. evacuation and public information. and includes such activities as contingency planning. economic and environmental impact.the outright avoidance of adverse impacts of hazards and related disasters. (o) "Disaster Risk Reduction and Management" . .the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters.a specialized database which contains. (r) "Emergency" . responsibilities and lines of authority at all government levels. response and initial recovery steps. evaluate and decide on different options for the use of land.a database which contains. and the subsequent formulation and promulgation of plans that describe the permitted or acceptable uses. inter-agency and communitybased approach to disaster risk reduction and management. disaster risk reduction and management approaches and strategies to be applied m managing said hazards and risks. human activity or condition that may cause loss of life.the document to be formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and specific objectives for reducing disaster risks together with related actions to accomplish these objectives. all hazards.a dangerous phenomenon.communication or dissemination of alerts and warnings. knowledge management. and local capabilities to respond to the warnings received. substance. hazard-resistant construction and engineering works. building and safety standards. programs. (v) "Hazard" . but are not limited to. awareness raising. (u) "Geographic Information System" . The NDRRMP shall provide for the identification of hazards. information on climate change. and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters. among others. social and economic disruption. and vertical and . policies on land-use and resource management. including consideration of long-term economic.the process undertaken by public authorities to identify. injury or other health impacts. (s) "Emergency Management" .structural and non-structural measures undertaken to limit the adverse impact of natural hazards.the degree to which the elements at risk are likely to experience hazard events of different magnitudes. environmental degradation. in particular preparedness. geo-hazard assessments. the formulation and implementation of plans. especially danger. Such measures include. social and environmental objectives and the implications for different communities and interest groups. (w) "Land-Use Planning" . as well as the enforcement of comprehensive land-use planning. (x) "Mitigation" . vulnerabilities and risks to 'be managed at the national level. projects and activities. (y) "National Disaster Risk Reduction and Management Framework" or "NDRRMF" provides for comprehensive. and legislation. demanding immediate action.the organization and management of resources and responsibilities for addressing all aspects of emergencies. property damage. The expression "end-to-end warning system" is also used to emphasize that warning systems need to span all steps from hazard detection to community response. and climate risk reduction and management. (t) "Exposure" . multi-sectoral.unforeseen or sudden occurrence. or environmental damage. loss of livelihood and services. (z) "National Disaster Risk Reduction and Management Plan" or "NDRRMP" . agency roles. property. equipping. training.the ability of a system. (dd) "Public Sector Employees" . (hh) "Risk" . (ii) "Risk Assessment" . social. warning and forecasting capabilities. institutional structure.pre-disaster actions and measures being undertaken within the context of disaster risk reduction and management and are based on sound risk analysis as well as pre-disaster activities to avert or minimize loss of life and property such as. planning.any concerted effort by two (2) or more agencies. This also includes the development/enhancement of an overall preparedness strategy.a methodology to determine the nature and extent of risk by analyzing potential hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed people. to provide assistance or intervention during or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of essential public activities and facilities. health. frequency and probability. and plans that define measures geared to help at-risk communities safeguard their lives and assets by being alert to hazards and taking appropriate action in the face of an Imminent threat or an actual disaster. Risk assessments with associated risk mapping include: a review of the technical characteristics of hazards such as their location. hazard mapping. stockpiling. livelihood and living conditions. the analysis of exposure and vulnerability including the physical. in accordance with the principles of "build back better". and public information and education initiatives. (ff) "Resilience" . accommodate and recover from the effects of a hazard in a timely and efficient manner. community organizing. of facilities. including efforts to reduce disaster risk factors. community or society exposed to hazards to resist.horizontal coordination of disaster risk reduction and management in the pre-disaster and post-disaster phases. livelihood and the environment on which they depend. but not limited to. policy. (bb) "Preparedness" . of disaster-affected communities. (gg) "Response" .the restoration and improvement where appropriate.measures that ensure the ability of affected communities/areas to restore their normal level of functioning by rebuilding livelihood and damaged infrastructures and increasing the communities' organizational capacity. including through the preservation and restoration of its essential basic structures and functions. economic and environmental . intensity. It shall be in conformity with the NDRRMF. (aa) "Post-Disaster Recovery" . households and nonprofit institutions serving households. services. The private sector comprises private corporations. (cc) "Private Sector" . absorb. (ee) "Rehabilitation" .the combination of the probability of an event and its negative consequences.all persons in the civil service. public or private.the key actor in the realm of the economy where the central social concern and process are the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. insuring of assets. It is widely practiced by organizations to minimize risk in investment decisions and to address operational risks such as those of business disruption. risk assessment and early warning. social cohesion and harmony.the process of formally or informally shifting the financial consequences of particular risks from one party to another whereby a household.the systematic approach and practice of managing uncertainty to minimize potential harm and loss. and environmental factors such as poor design and construction of buildings. and disregard for wise environmental management. hereinafter referred to as the NDRRMC or the National Council. (mm) "Sustainable Development" . but not limited to. responsible governance. social. economic. and preparedness for effective response and early recovery. (nn) "Vulnerability" . production failure. and the evaluation of the effectiveness of prevailing and alternative coping capacities in respect to likely risk scenarios. roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard. . (kk) "Risk Transfer" . It is the harmonious integration of a sound and viable economy. social impacts and damage from fire and natural hazards. in particular. differently-abled people. community. enterprise or state authority will obtain resources from the other party after a disaster occurs. to which overriding priority should be given.This 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. and ecological integrity to ensure that human development now and through future generations is a life-enhancing process. and (2) the idea of limitations imposed by the state of technology and social organizations on the environment's ability to meet present and future needs. Section 4. limited official recognition of risks and preparedness measures. Scope. the essential needs of the world's poor. inadequate protection of assets. and the implementation of strategies and specific actions to control. knowledge building and awareness raising.The present National Disaster Coordinating Council or NDCC shall henceforth be known as the National Disaster Risk Reduction and Management Council. and ethnic minorities. elderly. .those that face higher exposure to disaster risk and poverty including. National Disaster Risk Reduction and Management Council. lack of public information and awareness.the characteristics and circumstances of a community. It comprises risk assessment and analysis. (jj) "Risk Management" . Section 5. reduce and transfer risks.development that meets the needs of the present without compromising the ability of future generations to meet their own needs. including good governance. (ll) "State of Calamity" . reducing underlying risk factors. environmental damage. Vulnerability may arise from various physical. system or asset that make it susceptible to the damaging effects of a hazard. women.dimensions. . (oo) "Vulnerable and Marginalized Groups" . disruption of means of livelihoods. It contains within it two (2) key concepts: (1) the concept of "needs".a condition involving mass casualty and/or major damages to property. children. in exchange for ongoing or compensatory social or financial benefits provided to that other party. (j) Secretary of the Department of Public Works and Highways (DPWH). (o) The Executive Secretary.The National Council shall be headed by the Secretary of the Department of National Defense (DND) as Chairperson with the Secretary of the Department of the Interior and Local Government (DILG) as Vice Chairperson for Disaster Preparedness. (n) Secretary of the Department of Tourism (DOT). Armed Forces of the Philippines (AFP). (l) Secretary of the Department of Justice (DOJ). . (h) Secretary of the Department of Transportation and Communications (DOTC). (k) Secretary of the Department of Foreign Affairs (DFA). (e) Secretary of the Department of Energy (DOE). the Secretary of the Department of Social Welfare and Development (DSWD) as Vice Chairperson for Disaster Response. (m) Secretary of the Department of Labor and Employment (DOLE). (c) Secretary of the Department of Agriculture (DA). (d) Secretary of the Department of Education (DepED). (i) Secretary of the Department of Budget and Management (DBM). (g) Secretary of the Department of Trade and Industry (DT!). (r) Chief of Staff. (p)Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP). Philippine National Police (PNP). The National Council's members shall be the following: (a) Secretary of the Department of Health (DOH). (f) Secretary of the Department of Finance (DOF). the Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for Disaster Prevention and Mitigation. (s) Chief. Commission on Higher Education (CHED). (q) Chairman. and the Director-General of the National Economic and Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and Recovery. (b) Secretary of the Department of Environment and Natural Resources (DENR). Government Service Insurance System (GSIS). inter-agency and community-based approach to disaster risk reduction and management. multisectoral. coordination. The representatives from the CSOs and the private sector shall be selected from among their respective ranks based on the criteria and mechanisms to be set for this purpose by the National Council. Social Security System (SSS). (hh) Four (4) representatives from the CSOs. supervision. (gg) President of the Liga ng Mga Barangay (LMB). or as may be deemed necessary. (w) Chairperson. monitoring and evaluation functions. Powers and Functions of the NDRRMC. (v) Commissioner of the National Anti-Poverty Commission-Victims of Disasters and Calamities Sector (NAPCVDC). (cc) President of the Union of Local Authorities of the Philippines (ULAP). (bb) President. (z) President. (aa) President. (ii) One (1) representative from the private sector. being empowered with policy-making. Philippine Health Insurance Corporation (PhilHealth). Housing and Urban Development Coordinating Council (HUDCC). shall have the following responsibilities: (a) Develop a NDRRMF which shall provide for a comprehensive. National Commission on the Role of Filipino Women. (dd) President of the League of Provinces of the Philippines (LPP). . all-hazards. . and (jj) Administrator of the OCD. (u) Secretary General of the Philippine National Red Cross (PNRC). integration. (y) Executive Director of the Climate Change Office of the Climate Change Commission. (x) Chairperson.(t) The Press Secretary.The National Council. (ff) President of the League of Municipalities of the Philippines (LMP). Section 6. in order to ensure its relevance to the times. (ee) President of the League of Cities of the Philippines (LCP). The Framework shall serve as the principal guide to disaster risk reduction and management efforts in the country and shall be reviewed on a five(5)year interval. prevention.(b) Ensure that the NDRRMP is consistent with the NDRRMF. to include calamity fund allocation. guidelines. (f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic protection and increase resiliency in the face of disaster. (j) Develop assessment tools on the existing and potential hazards and risks brought about by climate change to vulnerable areas and ecosystems in coordination with the Climate Change Commission. CSOs. (e) Establish a national early warning and emergency alert system to provide accurate and timely advice to national or local emergency response organizations and to the general public through diverse mass media to include digital and analog broadcast. based on the results of a biennial baseline assessment and studies. satellite television and radio. (l) Formulate a national institutional capability building program for disaster risk reduction and management to address the specific' weaknesses of various government agencies and LGUs. and landline communications. (g) Monitor the development and enforcement by agencies and organizations of the various laws. mitigation. accounting and auditing thereof. private sector. recommend to the President the declaration of a state of calamity in areas extensively damaged. (d) Ensure a multi-stakeholder participation in the development. harmonize. planning and decision-making tools. on the Local Disaster Risk Reduction and Management Fund (LDRRMF) releases as well as utilization. (c) Advise the President on the status of disaster preparedness. wireless communications. cable. updating. codes or technical standards required by this Act. and sharing of a Disaster Risk Reduction and Management Information System and Geographic Information System-based national risk map as policy. . (k) Develop vertical and horizontal coordination mechanisms for a more coherent implementation of disaster risk reduction and management policies and programs by sectoral agencies and LGUs. and submit proposals to restore normalcy in the affected areas. (h) Manage and mobilize resources for disaster risk reduction and management including the National Disaster Risk Reduction and Management Fund. and volunteers. response and rehabilitation operations being undertaken by the government. (m) Formulate. and translate into policies a national agenda for research and technology development on disaster risk reduction and management. (i) Monitor and provide the necessary guidelines and procedures. and organizations. The Office of Civil Defense. shall have the same duties and privileges of a department undersecretary. and (q) Coordinate or oversee the Implementation of the country's obligations with disaster management treaties to which it IS a party and see to It that the country's disaster management treaty obligations be incorporated in its disaster risk reduction and management frameworks. Authority of the NDRRMC Chairperson. The National Council shall utilize the services and facilities of the OCD as the secretariat of the National Council. Powers and Functions of the OCD. assess and prioritize hazards and risks in consultation with key stakeholders. (b) Formulate and implement the NDRRMP and ensure that the physical framework.The Office of Civil Defense (OCD) shall have the primary mission of administering 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. . policies. that shall coordinate and meet as often as necessary to effectively manage and sustain national efforts on disaster risk reduction and management. Section 8. 7077 to assist in relief and rescue during disasters or calamities. formulate and implement a framework for climate change adaptation and disaster risk reduction and management from which all policies. and the Regional Disaster Risk Reduction and Management Councils (RDRRMCs). as such. This authority includes the power to call on the reserve force as defined in Republic Act No. (o) Constitute a technical management group composed of representatives of the abovementioned departments. plans. social. Section 9. .The OCD shall have the following powers and functions: (a) Advise the National Council on matters relating to disaster risk reduction and management consistent with the policies and scope as defined in this Act. Section 7. (c) Identify. All appointees shall be universally acknowledged experts in the field of disaster preparedness and management and of proven honesty and integrity. economic and environmental plans of communities. programs. . and projects shall be based.(n) In coordination with the Climate Change Commission. . The National Council shall approve the NDRRMP. municipalities and provinces are consistent with such plan. cities.The Chairperson of the NDRRMC may call upon other instrumentalities or entities of the government and nongovernment 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. programs and projects. as defined in the NDRRMP. (p) Task the OCD to conduct periodic assessment and performance monitoring of the member-agencies of the NDRRMC. The Administrator of the OCD shall also serve as Executive Director of the National Council and. offices. (f) Ensure that the LG U s. city. (l) Create an enabling environment for substantial and sustainable participation of CSOs. (e) Review and evaluate the Local Disaster risk Reduction and Management Plans (LDRRMPs) to facilitate the integration of disaster risk reduction measures into the local Comprehensive Development Plan (CDP) and Comprehensive Land-Use Plan (CL UP). projects and activities requiring regional and international support shall be in accordance with duly established national policies and aligned with international agreements. The Institute shall conduct research programs to upgrade know ledge and skills and document best practices on disaster risk reduction and management. mitigation. implementation. monitoring and evaluation. response and rehabilitation works. (g) Formulate standard operating procedures for the deployment of rapid assessment teams. during and after disasters.(d) Develop and ensure the implementation of national standards in carrying out disaster risk reduction programs including preparedness. both local and national. private groups. and recognize their contributions in the government's disaster risk reduction efforts. from data collection and analysis. volunteers and communities. (h) Establish standard operating procedures on the communication system among provincial. The Institute shall consolidate and prepare training materials and publications of disaster risk reduction and management books and manuals to assist disaster risk reduction and management workers in the planning and implementation of this program and projects. The Institute is also mandated to conduct periodic awareness and education programs to accommodate new elective officials and members of the LDRRMCs. prevention. through the Local Disaster Risk Reduction and Management Offices (LDRRMOs) are properly informed and adhere to the national standards and programs. (j) Ensure that all disaster risk reduction programs. in such subject as disaster risk reduction and management among others. (i) Establish Disaster Risk Reduction and Management Training Institutes in such suitable location as may be deemed appropriate to train public and private individuals. municipal. and barangay disaster risk reduction and management councils. and coordination before and after disasters at all levels. planning. . (k) Ensure that government agencies and LGUs give toppriority and take adequate and appropriate measures in disaster risk reduction and management. information sharing among different government agencies. (n) Establish an operating facility to be known as the National Disaster Risk Reduction and Management Operations Center (NDRRMOC) that shall be operated and staffed on a twenty-four (24) hour basis. (m) Conduct early recovery and post-disaster needs assessment institutionalizing gender analysis as part of it. for purposes of warning and alerting them and for gathering information on disaster areas before. member. Section 10. City. The RDRRMC shall be responsible in ensuring disaster sensitive regional development plans. and (r) Perform such other functions as may be necessary for effective operations and implementation of this Act. and in case of emergencies shall convene the different regional line agencies and concerned institutions and authorities. specifically the low income and in high-risk areas. Section 11. the DOST. . the Regional Governor shall be the RDRRMC Chairperson. The existing regional offices of the OCD shall serve as secretariat of the RDRRMCs. . but not limited to. and Municipal Disaster Coordinating Councils shall henceforth be known as the Provincial. Organization at the Local Government Level. and evaluate the activities of the LDRRMCs. Disaster Risk Reduction and Management Organization at the Regional Level.(o) Prepare the criteria and procedure for the enlistment of accredited community disaster volunteers (ACDVs). (a) Composition: The LDRRMC shall be composed of.The existing Provincial. The RDRRMCs shall be composed of the executives of regional offices and field stations at the regional level of the government agencies. the following: (1) The Local Chief Executives. (p) Provide advice and technical assistance and assist in mobilizing necessary resources to increase the overall capacity of LGUs. member. the DILG. . and the NEDA. The RDRRMCs shall establish an operating facility to be known as the Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC) whenever necessary. City. member. Its Vice Chairpersons shall be the Regional Directors of the DSWD. integrate. supervise. (q) Create the necessary offices to perform its mandate as provided under this Act. In the case of the Autonomous Region in Muslim Mindanao (ARMM). The civil defense officers of the OCD who are or may be designated as Regional Directors of the OCD shall serve as chairpersons of the RDRRMCs.The current Regional Disaster Coordinating Councils shall henceforth be known as the Regional Disaster Risk Reduction and Management Councils (RDRRMCs) which shall coordinate. The Barangay Disaster Coordinating Councils shall cease to exist and its powers and functions shall henceforth be assumed by the existing Barangay Development Councils (BDCs) which shall serve as the LDRRMCs in every barangay. (3) The Head of the LDRRMO. (4) The Head of the Local Social Welfare and Development Office. (2) The Local Planning and Development Officer. and Municipal Disaster Risk Reduction and Management Councils. It shall include a manual of operations for the volunteers which shall be developed by the OCD in consultation with various stakeholders. Chairperson. and (4) Convene the local council once every three (3) months or as necessary. member. member. monitor and evaluate the implementation of the LDRRMPs and regularly review and test the plan consistent with other national and local planning programs. (17) Four (4) accredited CSOs. member. (11) The Division Head/Superintendent of Schools of the DepED.(5) The Head of the Local Health Office. (12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area. . (14) The Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection (BFP).(a) There shall be established an LDRRMO in every province. Local Disaster Risk Reduction and Management Office (LDRRMO). member. member. member. (10) The Head of the Local Budget Office. (2) Ensure the integration of disaster risk reduction and climate change adaptation into local development plans. (8) The Head of the Local Engineering Office. member. member. and a Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay which shall be responsible . (6) The Head of the Local Agriculture Office. members. programs and budgets as a strategy in sustainable development and poverty reduction. (13) The Provincial Director/City/Municipal Chief of the Philippine National Police (PNP). and (18) One (1) private sector representative. member. city and municipality. (b) The LDRRMCs shall have the following functions: (1) Approve. member. (3) Recommend the implementation of forced or preemptive evacuation of local residents. member. member. (7) The Head of the Gender and Development Office. (9) The Head of the Local Veterinary Office. (15) The President of the Association of Barangay Captains (ABC). Section 12. member. (16) The Philippine National Red Cross (PNRC). if necessary. train and directly supervise the local emergency response teams and the ACDVs. (3) Consolidate local disaster risk information which includes natural hazards. assess and manage the hazards vulnerabilities and risks that may occur in their locality. (b) The LDRRMO shall be under the office of the governor. CSOs. other dedicated disaster risk reduction and management resources. linked to disaster risk reduction to provide accurate and timely advice to national or local emergency response organizations and to the general public. . and coordinate disaster risk reduction and management activities consistent with the National Council's standards and guidelines. the proposed programming of the LDRRMF. The LDRRMOs shall be initially organized and composed of a DRRMO to be assisted by three (3) staff responsible for: (1) administration and training. (8) Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the LGUs. and (3) operations and warning. implementation and coordination of disaster risk management programs within their territorial jurisdiction.for setting the direction. program. and knowledge management activities on disaster risk reduction and management at the local level. private groups and organized volunteers. and policies on disaster risk reduction in close coordination with the local development councils (LDCs). and maintain a local risk map. The LDRRMOs and the BDRRMCs shall organize. city or municipal mayor. vulnerabilities. to utilize their facilities and resources for the protection and preservation of life and properties during emergencies in accordance with existing policies and procedures. development. (5) Operate a multi-hazard early warning system. particularly radio. (6) Formulate and implement a comprehensive and . and technologies for communication within rural communities. and other regular funding source/s and budgetary support of the LDRRMO/BDRRMC.integrated LDRRMP in accordance with the national. city and municipal DRRMOs or BDRRMCs shall perform the following functions with impartiality given the emerging challenges brought by disasters of our times: (1) Design. landline communications. (2) Facilitate and support risk assessments and contingency planning activities at the local level. and the punong barangay in case of the BDRRMC. through diverse mass media. and climate change risks. orientation. (c) The provincial. regional and provincial framework. (4) Organize and conduct training. (2) research and planning. (7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the annual LDRRMO Plan and budget. (9) Identify. (17) Within its area. (12) Maintain a database of human resource. (16) Respond to and manage the adverse effects of emergencies and carry out recovery activities in the affected area.(10) Disseminate information and raise public awareness about those hazards. suitably-trained and competent personnel for effective civil defense and disaster risk reduction and management in its area. the report on the utilization of the LDRRMF and other dedicated disaster risk reduction and management resources to the local Commission on Audit (COA). equipment. vulnerabilities and risks. (18) Serve as the secretariat and executive arm of the LDRRMC. equip and supervise the local emergency response teams and the ACDV s. (15) Organize. (14) Take all necessary steps on a continuing basis to maintain. (22) Implement policies. strengthen and operationalize mechanisms for partnership or networking with the private sector. and volunteer groups. early warning signs and counter-measures. their nature. provide. ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to breastfeed. (13) Develop. effects. or arrange the provision of. copy . or to otherwise make available. shelter and medical supplies for women and children. (19) Coordinate other disaster risk reduction and management activities. approved plans and programs of the LDRRMC consistent with the policies and guidelines laid down in this Act. (20) Establish linkage/network with other LGUs for disaster risk reduction and emergency response purposes. ensuring that there is an efficient mechanism for immediate delivery of food. feed and care for their babies and give support to each other. CSOs. and location of critical infrastructures and their capacities such as hospitals and evacuation centers. train. (23) Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and Management Operations Center. promote and raise public awareness of and compliance with this Act and legislative provisions relevant to the purpose of this Act. (21) Recommend through the LDRRMC the enactment of local ordinances consistent with the requirements of this Act. (24) Prepare and submit. directories. (11) Identify and implement cost-effective risk reduction measures/strategies. through the LDRRMC and the LDC. endeavor to create a special place where internallydisplaced mothers can find help with breastfeeding. particularly in identified disasterprone areas. The DepED. and (25) Act on other matters that may be authorized by the LDRRMC. and Protection of Disaster Volunteers and National Service Reserve Corps. participation in disaster risk reduction and management activities. Section 15. indigenous learning. and LGUs concerned shall take full responsibility for the enhancement. CSOs and the private sector shall be maintained by the OCD through the LDRRMOs. as well as the inclusion of disaster risk reduction and management programs as part of the SK programs and projects. the DOH. the Technical Education and Skills Development Authority (TESDA). Mobilization. the DOST. (d) The BDRRMC shall be a regular committee of the existing BDC and shall be subject thereto. specifically the youth. . for accreditation and inclusion in the database of community disaster volunteers. the LDRRMOs. The NDRRMC. private sector and LGUs may mobilize individuals or organized volunteers to augment their respective personnel complement and logistical requirements in the delivery of disaster risk reduction programs and activities.The LDRRMCs shall take the lead in preparing for. private sector. . through the LDRRMOs. the CHED. and shall submit the list of volunteers to the OCD. shall integrate disaster risk reduction and management education in the school curricula of secondary and tertiary level of education. National Service Reserve Corps. the National Youth Commission (NYC). such as organizing quick response groups. The agencies. and recovering from the effects of any disaster based on the following criteria: (a) The BDC. CSOs and the Private Sector.The government agencies. CSOs. The training is mandatory for such employees to comply with the provisions of this Act. and out-of-school youth courses and programs. Accreditation. Any volunteer who incurs death or injury while engaged in any of the activities defined under this Act shall be entitled to compensatory benefits and individual personnel accident insurance as may be defined under the guidelines. CSOs. if a barangay is affected. the BDRRMCs and the SK councils shall encourage community. The public sector employees shall be trained in emergency response and preparedness. including the National Service Training Program (NSTP). the DILGBFP. the RDRRMCs. Integration of Disaster Risk Reduction Education into the School Curricula and Sangguniang Kabataan (SK) Program and Mandatory Training for the Public Sector Employees. Coordination During Emergencies. . including formal and nonformal. the LDRRMCs. whether private or public. responding to.furnished the regional director of the OCD and the Local Government Operations Officer of the DILG. in coordination with the OCD. Section 13. welfare and protection of volunteers. Mobilization of volunteers shall be in accordance with the guidelines to be formulated by the NDRRMC consistent with the provisions of this Act. Accreditation shall be done at the municipal or city level. technical-vocational. The punong barangay shall facilitate and ensure the participation of at least two (2) CSO representatives from existing and active community-based people's organizations representing the most vulnerable and marginalized groups in the barangay. A national roster of ACDVs. the DSWD and other relevant agencies. Section 14. the DENR. if two (2) or more cities/municipalities are affected. and (e) The NDRRMC.The National Council shall recommend to the President of the Philippines the declaration of a cluster of barangays. and the lifting thereof. medicines and petroleum products. as amended. based on the criteria set by the National Council. The President's declaration may warrant international humanitarian assistance as deemed necessary. Private sector and civil society groups shall work in accordance with the coordination mechanism and policies set by the NDRRMC and concerned LDRRMCs. medicine and equipment for relief and recovery and other disaster management and recovery-related supplies is hereby authorized in accordance with Section 105 of the Tariff and Customs Code of the Philippines. cities. and (d) Granting of no-interest loans by government financing or lending institutions to the most affected section of the population through their cooperatives or people's organizations. Remedial Measures. Section 16. and regions under a state of calamity. (b) Monitoring.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) Imposition of price ceiling on basic necessities and prime commodities by the President upon the recommendation of the implementing agency as provided for under Republic Act No. (c) Programming/reprogramming of funds for the repair and safety upgrading of public infrastructures and facilities. Section 18. if two (2) or more provinces are affected. otherwise known as the "Price Act". based on the results of the damage assessment and needs analysis. (d) The regional DRRMC. prevention and control by the Local Price Coordination Council of overpricing/profiteering and hoarding of prime commodities. or the National Price Coordinating Council. . Section 17. upon the recommendation of the LDRRMC. The NDRRMC and intermediary LDRRMCs shall always act as support to LGUs which have the primary responsibility as first disaster responders. provinces.(a) The importation and donation of food. The declaration and lifting of the state of calamity may also be issued by the local sanggunian. clothing. Declaration of State of Calamity. and the prevailing provisions of the General Appropriations Act covering national internal revenue taxes and import duties of national and local government agencies. and . 7581. . if two (2) or more regions are affected.(b) The city/municipal DRRMCs. (c) The provincial DRRMC. . If two (2) or more barangays are affected. municipalities. Mechanism for International Humanitarian Assistance. 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. equipment or other and commodity m its untampered original containers actually came from another agency or persons or was released upon the instance of a particular agency or persons. 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 leads to destruction. loss of lives. (g) Diverting or misdelivery of relief goods. Section 19. equipment or other aid commodities by: (1) Either covering. from the recipient disaster affected persons any relief goods. (2) Repacking the! goods. replacing or defacing the labels of the containers to make it appear that the goods. (3) Making false verbal claim that the goods. . equipment or other aid commodities came from another agency or persons. equipment. Prohibited Acts. possessing. equipment or other aid commodities received by them. (d) Buying. equipment or other and commodities which are intended for distribution to disaster affected communities. . (f) Forcibly seizing relief goods. equipment or other aid commodities which are intended for distribution to disaster victims. (c) Buying. disaster teams/experts. critical damage of facilities and misuse of funds. subject to the approval of the Office of the President. tools.(b) Importations and donations under this section shall be considered as importation by and/or donation to the NDRRMC. for consumption or resale. using or disposing relief goods. (h) Accepting. from disaster relief agencies any relief goods. (e) Selling of relief goods. equipment or other aid commodities intended for or consigned to a specific group of victims or relief agency. accessories. (i) Misrepresenting the source of relief goods. for consumption or resale.Any person. including appropriate technology. equipment or other aid commodities not intended for nor consigned to him/her. equipment or other aid commodities to persons other than the rightful recipient or consignee. (b) Preventing the entry and distribution of relief goods in disaster-stricken areas. Unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of supporting disaster risk reduction and management activities of the LDRRMCs within the next five (5) years. 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.00) or imprisonment of not less than six (6) years and one (1) day or more than twelve (12) years. or both. supplies and medicines. Local Disaster Risk" Reduction and Management Fund (LDRRMF). and (m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia.00) or any amount not to exceed Five hundred thousand pesos (php500. he or she shall. relief goods. including perpetual disqualification from public office if the offender IS a public officer. corporation. equipment or other aid commodities for emergency assistance or livelihood projects. be deported without further proceedings after service of the sentence. the penalty shall be imposed upon the officer or officers of the corporation. partnership. and for the payment of premiums on calamity insurance.The present Local Calamity Fund shall henceforth be known as the Local Disaster Risk Reduction and Management Fund (LDRRMF).Any individual. equipment or other aid commodities with the same items or inferior/cheaper quality. If the offender is a corporation. partnership. 3185. may be normalized as quickly as possible. . . (k) Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC.000. partnership or association. thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people In communities or areas stricken by disasters. Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management activities such as. If such offender is an alien. as amended. 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. pre-disaster preparedness programs including training. calamities. purchasing life-saving rescue equipment. Section 21. epidemics. (l) Deliberate use of false at inflated data in support of the request for funding. .(j) Substituting or replacing relief goods. otherwise known as the Revised Penal Code. and other civil liabilities. association. Penal Clause. the LDRRMC may transfer the said fund to support disaster risk reduction work of other LDRRMCs which are declared under state of calamity. and confiscation or forfeiture in favor of the government of the objects and the instrumentalities used in committing any of herein prohibited acts.000. LDRRMP as incorporated in the local development plans and annual work and financial plan. but not limited to. Section 20. Upon the recommendation of the LDRRMO and approval of the sanggunian concerned. or other juridical entity. for post-disaster activities. in addition to the penalties prescribed in this Act. The LDRRMC shall monitor and evaluate the use and disbursement of the LDRRMF based on the. at the discretion of the court. Of the amount appropriated for LDRRMF. or complex emergencies. 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 (Php50. However. Section 24. in consultation with key stakeholders. shall submit to the Office of the President. (d) All departments/agencies and LGUs that are allocated with DRRM fund shall submit to the NDRRMC their monthly statements on the utilization of DRRM funds and make an accounting thereof in accordance with existing accounting and auditing rules. an annual report relating to the progress of the implementation of the NDRRMP. Section 22. through its Chairperson. or complex emergencies. procurement of equipment. Funding of the OCD.000. Annual Report. Section 23. may be normalized as quickly as possible. 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. Congressional Oversight Committee. epidemics.000. reconstruction and other work or services in connection with natural or human induced calamities which may occur during the budget year or those that occurred in the past two (2) years from the budget year. It can also be utilized for relief. Implementing Rules and Regulations. (c) Of the amount appropriated for the NDRRM Fund. thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disasters.(a) The present Calamity Fund appropriated under the annual General Appropriations Act shall henceforth be known as the National Disaster Risk Reduction and Management Fund (NDRRM Fund) and it shall be used for disaster risk reduction or mitigation. prevention and preparedness activities such as but not limited to training of personnel.00) revolving fund starting from the effectivity of this Act. . The five (5) other members from each Chamber are to be designated by the Senate . bureaus. the OCD shall be allocated a budget of One billion pesos (Php1. and capital expenditures. . (e) All departments. shall take the lead in the preparation of the implementing rules and regulations with the active involvement of the technical management group of the NDRRMC.000. . . shall issue the necessary rules and regulations for the effective implementation of this Act within ninety (90) days after approval of this Act.As lead agency to carry out the provisions of this Act.Any such amount still not fully utilized after five (5) years shall revert back to the general fund and will be available for other social services to be identified by the local sanggunian. recovery. within the first quarter of the succeeding year. . Section 25. the Senate and the House of Representatives. The OCD. offices and agencies of the government are hereby authorized to use a portion of their appropriations to implement projects designed to address DRRM activities in accordance with the guidelines to be issued by the NDRRMC in coordination with the DBM. National Disaster Risk" Reduction and Management Fund.The National Council.There is hereby created a Congressional Oversight Committee to monitor and oversee the implementation of the provisions of this Act.The NDRRMC. calamities. (b) The specific amount of the NDRRM Fund and the appropriate recipient agencies and/or LGUs shall be determined upon approval of the President of the Philippines in accordance with the favorable recommendation of the NDRRMC. through the OCD. Section 26. Within five (5) years after the effectivity of this Act. respectively. Section 29. proclamations and other executive issuance's which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly. Section 27. Section 30. Approved. For purposes of this Act.) JUAN PONCE ENRILE President of the Senate This Act which is a consolidation of Senate Bill No. Repealing Clause. the other provisions not otherwise affected shall remain m full force and effect.This Act shall take effect fifteen (15) days following its complete publication in the Official Gazette or in two (2) national newspapers of general circulation.) EMMA LIRIO-REYES Secretary of Senate Approved: May 27.President and the Speaker of the House of Representatives. decrees.) GLORIA MACAPAGAL-ARROYO President of the Philippines . . 2010 (Sgd.) PROSPERO C. executive orders. Separability Clause. The minority shall be entitled to pro rata represent3tion but shall have at least two (2) representatives from each Chamber. 3086 and House Bill No. the Congressional Oversight Committee shall conduct a sunset review. NOGRALES Speaker of the House of Representatives (Sgd. . . for purposes of determining remedial legislation. as well as the performance and organizational structure of its implementing agencies. Sunset Review. the term "sunset review" shall mean a systematic evaluation by the Congressional Oversight Committee of the accomplishments and impact of this Act. 6985 was finally passed by the Senate and the House of Representatives on February 1. (Sgd. 2010.) MARILYN B. 1566 and all other laws.Presidential Decree No. Effectivity Clause. Section 28. (Sgd. or as the need arises. 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