Republic Act No 10121 Official Gazette of The Republic of The Philippines PDF
Republic Act No 10121 Official Gazette of The Republic of The Philippines PDF
Republic Act No 10121 Official Gazette of The Republic of The Philippines PDF
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand
nine.
Section 1. Title. – This Act shall be known as the “Philippine Disaster Risk Reduction and
Management Act of 2010”.
(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;
(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
(f) Adopt and implement a coherent, comprehensive, integrated, e:cient 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 con\ict resolution
approaches in order to minimize loss of lives and damage to property, and ensure that
communities in con\ict zones can immediately go back to their normal lives during periods
of intermittent con\icts;
(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;
(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. De@nition of Terms. – For purposes of this Act, the following shall refer to:
(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 such as social relationships,
leadership and management. Capacity may also be described as capability.
(d) “Climate Change” – a change in climate that can’ be identi`ed by changes in the mean
and/or variability of its properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result of human activity.
(f) “Complex Emergency” – a form of human-induced emergency in which the cause of the
emergency as well as the assistance to the aaicted IS complicated by intense level of
political considerations.
(i) “Disaster Mitigation” – the lessening or limitation of the adverse impacts of hazards and
related disasters. Mitigation measures encompass engineering techniques and hazard-
resistant construction as well as improved environmental policies and public awareness.
(k) “Disaster Prevention” – the outright avoidance of adverse impacts of hazards and
related disasters. It expresses the concept and intention to completely avoid potential
adverse impacts through action taken in advance such as construction of dams or
(l) “Disaster Response” – the provision of emergency services and public assistance during
or immediately after a disaster in order to save lives, reduce health impacts, ensure public
safety and meet the basic subsistence needs of the people affected. Disaster response is
predominantly focused on immediate and short-term needs and is sometimes called
“disaster relief”.
(m) “Disaster Risk” – the potential disaster losses in lives, health status, livelihood, assets
and services, which could occur to a particular community or a Society over some
speci`ed future time period.
(n) “Disaster Risk Reduction” – the concept and practice of reducing disaster risks through
systematic efforts to analyze and manage the causal factors of disasters, including
through reduced exposures to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events.
(o) “Disaster Risk Reduction and Management” – the systematic process of using
administrative directives, organizations, and operational skills and capacities to implement
strategies, policies and improved coping capacities in order to lessen the adverse impacts
of hazards and the possibility of disaster. 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, especially if risk reduction
policies are not put m place.
(q) “Early Warning System” – the set of capacities needed to generate and disseminate
timely and meaningful warning information to enable individuals, communities and
organizations threatened by a hazard to prepare and to act appropriately and in su:cient
time to reduce the possibility of harm or loss. A people-centered early warning system
necessarily comprises four (4) key elements: knowledge of the risks; monitoring, analysis
and forecasting of the hazards; communication or dissemination of alerts and warnings;
and local capabilities to respond to the warnings received. 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.
(t) “Exposure” – the degree to which the elements at risk are likely to experience hazard
events of different magnitudes.
(u) “Geographic Information System” – a database which contains, among others, geo-
hazard assessments, information on climate change, and climate risk reduction and
management.
(v) “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.
(x) “Mitigation” – structural and non-structural measures undertaken to limit the adverse
impact of natural hazards, environmental degradation, and technological hazards and to
ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the
impact of disasters. Such measures include, but are not limited to, hazard-resistant
construction and engineering works, the formulation and implementation of plans,
programs, projects and activities, awareness raising, knowledge management, policies on
land-use and resource management, as well as the enforcement of comprehensive land-
use planning, building and safety standards, and legislation.
(y) “National Disaster Risk Reduction and Management Framework” or “NDRRMF” – provides
for comprehensive, all hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.
(z) “National Disaster Risk Reduction and Management Plan” or “NDRRMP” – the document
to be formulated and implemented by the O:ce of Civil Defense (OCD) that sets out goals
and speci`c objectives for reducing disaster risks together with related actions to
accomplish these objectives.
The NDRRMP shall provide for the identi`cation of hazards, vulnerabilities and risks to ‘be
managed at the national level; disaster risk reduction and management approaches and
strategies to be applied m managing said hazards and risks; agency roles, responsibilities
and lines of authority at all government levels; and vertical and horizontal coordination of
disaster risk reduction and management in the pre-disaster and post-disaster phases. It
shall be in conformity with the NDRRMF.
(bb) “Preparedness” – 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, but
not limited to, community organizing, training, planning, equipping, stockpiling, hazard
mapping, insuring of assets, and public information and education initiatives. This also
includes the development/enhancement of an overall preparedness strategy, policy,
institutional structure, warning and forecasting capabilities, and plans that de`ne
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.
(cc) “Private Sector” – the key actor in the realm of the economy where the central social
concern and process are the mutually bene`cial production and distribution of goods and
services to meet the physical needs of human beings. The private sector comprises private
corporations, households and nonpro`t institutions serving households.
(gg) “Response” – any concerted effort by two (2) or more agencies, public or private, 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.
(hh) “Risk” – the combination of the probability of an event and its negative consequences.
(ii) “Risk Assessment” – 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, property, services, livelihood and the environment
on which they depend. Risk assessments with associated risk mapping include: a review of
the technical characteristics of hazards such as their location, intensity, frequency and
probability; the analysis of exposure and vulnerability including the physical, social, health,
economic and environmental dimensions; and the evaluation of the effectiveness of
prevailing and alternative coping capacities in respect to likely risk scenarios.
(jj) “Risk Management” – the systematic approach and practice of managing uncertainty to
minimize potential harm and loss. It comprises risk assessment and analysis, and the
implementation of strategies and speci`c actions to control, reduce and transfer risks. It is
widely practiced by organizations to minimize risk in investment decisions and to address
operational risks such as those of business disruption, production failure, environmental
damage, social impacts and damage from `re and natural hazards.
(kk) “Risk Transfer” – the process of formally or informally shifting the `nancial
consequences of particular risks from one party to another whereby a household,
community, enterprise or state authority will obtain resources from the other party after a
disaster occurs, in exchange for ongoing or compensatory social or `nancial bene`ts
provided to that other party.
(mm) “Sustainable Development” – development that meets the needs of the present
without compromising the ability of future generations to meet their own needs. It contains
within it two (2) key concepts: (1) the concept of “needs”, in particular, the essential needs
of the world’s poor, to which overriding priority should be given; 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. It is the harmonious integration of
a sound and viable economy, responsible governance, social cohesion and harmony, and
ecological integrity to ensure that human development now and through future generations
is a life-enhancing process.
(oo) “Vulnerable and Marginalized Groups” – those that face higher exposure to disaster
risk and poverty including, but not limited to, women, children, elderly, differently-abled
people, and ethnic minorities.
Section 4. Scope. – 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, including good governance, risk assessment and early
warning, knowledge building and awareness raising, reducing underlying risk factors, and
preparedness for effective response and early recovery.
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, the Secretary of
the Department of Social
Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the
Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for
Disaster Prevention and Mitigation, and the Director-General of the National Economic and
Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and
Recovery.
(p)Secretary of the O:ce of the Presidential Adviser on the Peace Process (OPAPP);
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.
Section 6. Powers and Functions of the NDRRMC. – The National Council, being
empowered with policy-making, coordination, integration, supervision, monitoring and
evaluation functions, shall have the following responsibilities:
(c) Advise the President on the status of disaster preparedness, prevention, mitigation,
response and rehabilitation operations being undertaken by the government, CSOs, private
sector, and volunteers; recommend to the President the declaration of a state of calamity
in areas extensively damaged; and submit proposals to restore normalcy in the affected
areas, to include calamity fund allocation;
(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, cable, satellite
television and radio, wireless communications, and landline communications;
(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic
protection and increase resiliency in the face of disaster;
(g) Monitor the development and enforcement by agencies and organizations of the
various laws, guidelines, codes or technical standards required by this Act;
(h) Manage and mobilize resources for disaster risk reduction and management including
the National Disaster Risk Reduction and Management Fund;
(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;
(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;
(l) Formulate a national institutional capability building program for disaster risk reduction
and management to address the speci`c’ weaknesses of various government agencies
and LGUs, based on the results of a biennial baseline assessment and studies;
(m) Formulate, harmonize, and translate into policies a national agenda for research and
technology development on disaster risk reduction and management;
(n) In coordination with the Climate Change Commission, formulate and implement a
framework for climate change adaptation and disaster risk reduction and management
from which all policies, programs, and projects shall be based;
(p) Task the OCD to conduct periodic assessment and performance monitoring of the
member-agencies of the NDRRMC, and the Regional Disaster Risk Reduction and
Management Councils (RDRRMCs), as de`ned in the NDRRMP; and
Section 7. Authority of the NDRRMC Chairperson. – 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. This authority includes the power to call on the reserve force
as de`ned in Republic Act No. 7077 to assist in relief and rescue during disasters or
calamities.
Section 8. The OUce of Civil Defense. – The O:ce 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.
The Administrator of the OCD shall also serve as Executive Director of the National Council
and, as such, shall have the same duties and privileges of a department undersecretary. All
appointees shall be universally acknowledged experts in the `eld of disaster preparedness
and management and of proven honesty and integrity. The National Council shall utilize the
services and facilities of the OCD as the secretariat of the National Council.
Section 9. Powers and Functions of the OCD. – 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 de`ned in this Act;
(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;
(d) Develop and ensure the implementation of national standards in carrying out disaster
risk reduction programs including preparedness, mitigation, prevention, response and
rehabilitation works, from data collection and analysis, planning, implementation,
monitoring and evaluation;
(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);
(f) Ensure that the LG U s, through the Local Disaster Risk Reduction and Management
O:ces (LDRRMOs) are properly informed and adhere to the national standards and
programs;
(g) Formulate standard operating procedures for the deployment of rapid assessment
teams, information sharing among different government agencies, and coordination before
and after disasters at all levels;
(i) Establish Disaster Risk Reduction and Management Training Institutes in such suitable
location as may be deemed appropriate to train public and private individuals, both local
and national, in such subject as disaster risk reduction and management among others.
(j) Ensure that all disaster risk reduction programs, projects and activities requiring regional
and international support shall be in accordance with duly established national policies
and aligned with international agreements;
(k) Ensure that government agencies and LGUs give toppriority and take adequate and
appropriate measures in disaster risk reduction and management;
(l) Create an enabling environment for substantial and sustainable participation of CSOs,
private groups, volunteers and communities, and recognize their contributions in the
government’s disaster risk reduction efforts;
(m) Conduct early recovery and post-disaster needs assessment institutionalizing gender
analysis as part of it;
(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;
(o) Prepare the criteria and procedure for the enlistment of accredited community disaster
volunteers (ACDVs). It shall include a manual of operations for the volunteers which shall
be developed by the OCD in consultation with various stakeholders;
(q) Create the necessary o:ces to perform its mandate as provided under this Act; and
(r) Perform such other functions as may be necessary for effective operations and
implementation of this Act.
Section 10. Disaster Risk Reduction and Management Organization at the Regional Level. –
The current Regional Disaster Coordinating Councils shall henceforth be known as the
Regional Disaster Risk Reduction and Management Councils (RDRRMCs) which shall
coordinate, integrate, supervise, and evaluate the activities of the LDRRMCs. The RDRRMC
shall be responsible in ensuring disaster sensitive regional development plans, and in case
of emergencies shall convene the different regional line agencies and concerned
institutions and authorities.
The RDRRMCs shall establish an operating facility to be known as the Regional Disaster
Risk Reduction and Management Operations Center (RDRRMOC) whenever necessary.
The civil defense o:cers of the OCD who are or may be designated as Regional Directors
of the OCD shall serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the
Regional Directors of the DSWD, the DILG, the DOST, and the NEDA. In the case of the
Autonomous Region in Muslim Mindanao (ARMM), the Regional Governor shall be the
RDRRMC Chairperson. The existing regional o:ces of the OCD shall serve as secretariat of
the RDRRMCs. The RDRRMCs shall be composed of the executives of regional o:ces and
`eld stations at the regional level of the government agencies.
Section 11. Organization at the Local Government Level. – The existing Provincial, City, and
Municipal Disaster Coordinating Councils shall henceforth be known as the Provincial, City,
and Municipal Disaster Risk Reduction and Management Councils. The Barangay Disaster
(a) Composition: The LDRRMC shall be composed of, but not limited to, the following:
(4) The Head of the Local Social Welfare and Development O:ce, member;
(12) The highest-ranking o:cer of the Armed Forces of the Philippines (AFP) assigned
in the area, member;
(1) Approve, monitor and evaluate the implementation of the LDRRMPs and regularly
review and test the plan consistent with other national and local planning programs;
(2) Ensure the integration of disaster risk reduction and climate change adaptation into
local development plans, programs and budgets as a strategy in sustainable
development and poverty reduction;
(4) Convene the local council once every three (3) months or as necessary.
Section 12. Local Disaster Risk Reduction and Management OUce (LDRRMO). – (a) There
shall be established an LDRRMO in every province, city and municipality, and a Barangay
Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay which
shall be responsible for setting the direction, development, implementation and
coordination of disaster risk management programs within their territorial jurisdiction.
(c) The provincial, 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, program, and coordinate disaster risk reduction and management activities
consistent with the National Council’s standards and guidelines;
(2) Facilitate and support risk assessments and contingency planning activities at the
local level;
(3) Consolidate local disaster risk information which includes natural hazards,
vulnerabilities, and climate change risks, and maintain a local risk map;
(4) Organize and conduct training, orientation, and knowledge management activities
on disaster risk reduction and management at the local level;
(5) Operate a multi-hazard early warning system, linked to disaster risk reduction to
provide accurate and timely advice to national or local emergency response
organizations and to the general public, through diverse mass media, particularly radio,
landline communications, and technologies for communication within rural
communities;
(7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the
annual LDRRMO Plan and budget, the proposed programming of the LDRRMF, other
dedicated disaster risk reduction and management resources, and other regular
funding source/s and budgetary support of the LDRRMO/BDRRMC;
(8) Conduct continuous disaster monitoring and mobilize instrumentalities and entities
of the LGUs, CSOs, private groups and organized volunteers, to utilize their facilities
and resources for the protection and preservation of life and properties during
emergencies in accordance with existing policies and procedures;
(9) Identify, assess and manage the hazards vulnerabilities and risks that may occur in
their locality;
(10) Disseminate information and raise public awareness about those hazards.
vulnerabilities and risks, their nature, effects, early warning signs and counter-
measures;
(15) Organize, train, equip and supervise the local emergency response teams and the
ACDV s, ensuring that humanitarian aid workers are equipped with basic skills to
assist mothers to breastfeed;
(16) Respond to and manage the adverse effects of emergencies and carry out
recovery activities in the affected area, ensuring that there is an e:cient mechanism
for immediate delivery of food, shelter and medical supplies for women and children,
endeavor to create a special place where internally-displaced mothers can `nd help
with breastfeeding, feed and care for their babies and give support to each other;
(17) Within its area, promote and raise public awareness of and compliance with this
Act and legislative provisions relevant to the purpose of this Act;
(20) Establish linkage/network with other LGUs for disaster risk reduction and
emergency response purposes;
(21) Recommend through the LDRRMC the enactment of local ordinances consistent
with the requirements of this Act;
(22) Implement policies, approved plans and programs of the LDRRMC consistent with
the policies and guidelines laid down in this Act;
(d) The BDRRMC shall be a regular committee of the existing BDC and shall be subject
thereto. 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.
Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National
Service Reserve Corps, CSOs and the Private Sector. – The government agencies, CSOs,
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 agencies, CSOs, private sector, and LGUs
concerned shall take full responsibility for the enhancement, welfare and protection of
volunteers, and shall submit the list of volunteers to the OCD, through the LDRRMOs, for
accreditation and inclusion in the database of community disaster volunteers.
A national roster of ACDVs, National Service Reserve Corps, CSOs and the private sector
shall be maintained by the OCD through the LDRRMOs. Accreditation shall be done at the
municipal or city level.
Section 14. Integration of Disaster Risk Reduction Education into the School Curricula and
Sangguniang Kabataan (SK) Program and Mandatory Training for the Public Sector
Employees. – The DepED, the CHED, the Technical Education and Skills Development
Authority (TESDA), in coordination with the OCD, the National Youth Commission (NYC), the
DOST, the DENR, the DILG-BFP, the DOH, the DSWD and other relevant agencies, shall
integrate disaster risk reduction and management education in the school curricula of
secondary and tertiary level of education, including the National Service Training Program
(NSTP), whether private or public, including formal and nonformal, technical-vocational,
indigenous learning, and out-of-school youth courses and programs.
The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs and the SK
councils shall encourage community, speci`cally the youth, participation in disaster risk
reduction and management activities, such as organizing quick response groups,
particularly in identi`ed disaster-prone areas, as well as the inclusion of disaster risk
reduction and management programs as part of the SK programs and projects.
The public sector employees shall be trained in emergency response and preparedness.
The training is mandatory for such employees to comply with the provisions of this Act.
Section 15. Coordination During Emergencies. – The LDRRMCs shall take the lead in
preparing for, responding to, and recovering from the effects of any disaster based on the
following criteria:
(b) The city/municipal DRRMCs, If two (2) or more barangays are affected;
(c) The provincial DRRMC, if two (2) or more cities/municipalities are affected;
The NDRRMC and intermediary LDRRMCs shall always act as support to LGUs which have
the primary responsibility as `rst disaster responders. Private sector and civil society
groups shall work in accordance with the coordination mechanism and policies set by the
NDRRMC and concerned LDRRMCs.
Section 16. Declaration of State of Calamity. – The National Council shall recommend to
the President of the Philippines the declaration of 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 National Council. The President’s declaration may warrant international
humanitarian assistance as deemed necessary.
The declaration and lifting of the state of calamity may also be issued by the local
sanggunian, upon the recommendation of the LDRRMC, based on the results of the
damage assessment and needs analysis.
Section 17. Remedial Measures. – The declaration of a state of calamity shall make
mandatory the Immediate undertaking of the following remedial measures by the member-
agencies concerned as de`ned 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. 7581, otherwise known as the “Price Act”, or the National Price
Coordinating Council;
(b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing/pro`teering and hoarding of prime commodities, medicines and petroleum
products;
Section 18. Mechanism for International Humanitarian Assistance. – (a) The importation
and donation of food, clothing, 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, as amended, and the
prevailing provisions of the General Appropriations Act covering national internal revenue
taxes and import duties of national and local government agencies; and
(b) Importations and donations under this section shall be considered as importation by
and/or donation to the NDRRMC, subject to the approval of the O:ce of the President.
Section 19. Prohibited Acts. – Any person, group or corporation who commits any of the
following prohibited acts shall be held liable and be subjected to the penalties as
prescribed in Section 20 of this Act:
(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of
facilities and misuse of funds;
(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including
appropriate technology, tools, equipment, accessories, disaster teams/experts;
(c) Buying, for consumption or resale, from disaster relief agencies any relief goods,
equipment or other and commodities which are intended for distribution to disaster
affected communities;
(e) Selling of relief goods, equipment or other aid commodities which are intended for
distribution to disaster victims;
(f) Forcibly seizing relief goods, equipment or other aid commodities intended for or
consigned to a speci`c group of victims or relief agency;
(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons
other than the rightful recipient or consignee;
(h) Accepting, possessing, using or disposing relief goods, equipment or other aid
commodities not intended for nor consigned to him/her;
(i) Misrepresenting the source of relief goods, equipment or other aid commodities by:
(1) Either covering, replacing or defacing the labels of the containers to make it appear
that the goods, equipment or other aid commodities came from another agency or
persons;
(2) Repacking the! goods, equipment or other aid commodities into containers with
different markings to make it appear that the goods came from another agency or
persons or was released upon the instance of a particular agency or persons;
(3) Making false verbal claim that the goods, equipment or other 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;
(j) Substituting or replacing relief goods, equipment or other aid commodities with the
same items or inferior/cheaper quality;
(l) Deliberate use of false at in\ated data in support of the request for funding, relief goods,
equipment or other aid commodities for emergency assistance or livelihood projects; and
(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment
and paraphernalia.
Section 20. Penal Clause. – Any individual, corporation, partnership, association, or other
juridical entity that commits any of the prohibited acts provided for in Section 19 of this Act
shall be prosecuted and upon conviction shall suffer a `ne of not less than Fifty thousand
pesos (Php50,000.00) or any amount not to exceed Five hundred thousand pesos
(php500,000.00) or imprisonment of not less than six (6) years and one (1) day or more
than twelve (12) years, or both, at the discretion of the court, including perpetual
disquali`cation from public o:ce if the offender IS a public o:cer, and con`scation or
forfeiture in favor of the government of the objects and the instrumentalities used in
committing any of herein prohibited acts.
However, the prosecution for offenses set forth in Section 19 of this Act shall be without
prejudice to any liability for violation of Republic Act No. 3185, as amended, otherwise
known as the Revised Penal Code, and other civil liabilities.
Of the amount appropriated for LDRRMF, 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,
calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.
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 `ve (5) years. Any such amount still not fully utilized after `ve (5) years shall revert
back to the general fund and will be available for other social services to be identi`ed by
the local sanggunian.
Section 22. National Disaster Risk” Reduction and Management Fund. – (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, procurement of equipment, and
capital expenditures. It can also be utilized for relief, recovery, reconstruction and other
(b) The speci`c 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.
(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,
calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.
(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.
(e) All departments, bureaus, o:ces 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.
Section 23. Funding of the OCD. – As lead agency to carry out the provisions of this Act,
the OCD shall be allocated a budget of One billion pesos (Php1,000,000,000.00) revolving
fund starting from the effectivity of this Act.
Section 24. Annual Report. – The National Council, through the OCD, shall submit to the
O:ce of the President, the Senate and the House of Representatives, within the `rst
quarter of the succeeding year, an annual report relating to the progress of the
implementation of the NDRRMP.
Section 27. Sunset Review. – Within `ve (5) years after the effectivity of this Act, or as the
need arises, the Congressional Oversight Committee shall conduct a sunset review. For
purposes of this Act, the term “sunset review” shall mean a systematic evaluation by the
Congressional Oversight Committee of the accomplishments and impact of this Act, as
well as the performance and organizational structure of its implementing agencies, for
purposes of determining remedial legislation.
Section 28. Repealing Clause. – Presidential Decree No. 1566 and all other laws, decrees,
executive orders, 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 29. Separability Clause. – If any provision of this Act shall be held unconstitutional
or invalid, the other provisions not otherwise affected shall remain m full force and effect.
Approved,
This Act which is a consolidation of Senate Bill No. 3086 and House Bill No, 6985 was
`nally passed by the Senate and the House of Representatives on February 1, 2010.
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