Abstract

Republic Act No. 10121, or "Philippine Disaster Risk Reduction and Management Act
of 2010," is the installation of a framework of DRRM within the country. This law
provides an all-hazard, multi-sectoral approach to disaster risk reduction and
management in the Philippines. The major problem is regarding disaster risk
reduction as well as enhancing resilience to the communities and the mechanisms
for preparedness, responses, and recovery in taking care of natural and human-
induced hazards.
Introduction
The country, Philippines, ranks among the largest disaster-prone countries
worldwide, facing most types of natural calamities frequently such as typhoons,
earthquakes, volcanic eruptions, and floods. This has proven the vulnerability of the
country to such disasters, thus calling for a more systematic and effective approach
in the disaster management process. Hence, the Republic Act No. 10121 was
enacted on May 27, 2010, enhancing practices in disaster risk reduction and
management preparedness, mitigation, response, and rehabilitation. This Act
establishes a national disaster risk reduction and management system that ensures
disaster risk reduction integrates public policy, development planning, and
implementation. It further recognizes the participation of local government units,
communities, and other stakeholders in efforts in disaster risk reduction and
management.
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; 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 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. Section
5. National Disaster Risk Reduction and Management Council. - The present National
Disaster Coordinating Council or NDCC shall henceforth be known as the National
Disaster Risk Reduction and Management Council, hereinafter referred to as the
NDRRMC or the National Council. 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. The National Council's members shall be the following:
(a) Secretary of the Department of Health (DOH); (b) Secretary of the Department of
Environment and Natural Resources (DENR); (c) Secretary of the Department of
Agriculture (DA); (d) Secretary of the Department of Education (DepED); (e)
Secretary of the Department of Energy (DOE); (f) Secretary of the Department of
Finance (DOF); (g) Secretary of the Department of Trade and Industry (DT!); (h)
Secretary of the Department of Transportation and Communications (DOTC); (i)
Secretary of the Department of Budget and Management (DBM); (j) Secretary of the
Department of Public Works and Highways (DPWH); (k) Secretary of the Department
of Foreign Affairs (DFA); (l) Secretary of the Department of Justice (DOJ); (m)
Secretary of the Department of Labor and Employment (DOLE); Secretary of the
Department of Tourism (DOT); (o) The Executive Secretary; (p)Secretary of the
Office of the Presidential Adviser on the Peace Process (OPAPP); (q) Chairman,
Commission on Higher Education (CHED); (r) Chief of Staff, Armed Forces of the
Philippines (AFP); (s) Chief, Philippine National Police (PNP); (t) The Press Secretary;
(u) Secretary General of the Philippine National Red Cross (PNRC); (v) Commissioner
of the National Anti-Poverty Commission-Victims of Disasters and Calamities Sector
(NAPCVDC); (w) Chairperson, National Commission on the Role of Filipino Women;
(x) Chairperson, Housing and Urban Development Coordinating Council (HUDCC);
Executive Director of the Climate Change Office of the Climate Change Commission;
(z) President, Government Service Insurance System (GSIS); (aa) President, Social
Security System (SSS); (bb) President, Philippine Health Insurance Corporation
(PhilHealth); (cc) President of the Union of Local Authorities of the Philippines
(ULAP); (dd) President of the League of Provinces of the Philippines (LPP); (ee)
President of the League of Cities of the Philippines (LCP); (ff) President of the League
of Municipalities of the Philippines (LMP); (gg) President of the Liga ng Mga
Barangay (LMB); (hh) Four (4) representatives from the CSOs; (ii) One (1)
representative from the private sector; and (jj) Administrator of the OCD. 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: (a) Develop a
NDRRMF which shall provide for a comprehensive, all-hazards, multi-sectoral, inter-
agency and community-based approach to disaster risk reduction and management.
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,
or as may be deemed necessary, in order to ensure its relevance to the times; (b)
Ensure that the NDRRMP is consistent with the NDRRMF; (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; (d) Ensure a multi-
stakeholder participation in the development, updating, and sharing of a Disaster
Risk Reduction and Management Information System and Geographic Information
System-based national risk map as policy, planning and decision-making tools; (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;
(i) Monitor and provide the necessary guidelines and procedures. on the Local
Disaster Risk Reduction and Management Fund (LDRRMF) releases as well as
utilization, accounting and auditing thereof; (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 specific' 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; 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; (o) Constitute a technical
management group composed of representatives of the abovementioned
departments, offices, and organizations, that shall coordinate and meet as often as
necessary to effectively manage and sustain national efforts on disaster risk
reduction and management; (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 defined in the
NDRRMP; 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, policies, plans, programs and
projects.
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 defined in Republic Act No. 7077 to assist
in relief and rescue during disasters or calamities.
Section 8. The Office of Civil Defense. - 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. 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 field 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 defined in
this Act; (b) Formulate and implement the NDRRMP and ensure that the physical
framework, social, economic and environmental plans of communities, cities,
municipalities and provinces are consistent with such plan. The National Council
shall approve the NDRRMP; (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 Offices (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; (h)
Establish standard operating procedures on the communication system among
provincial, city, municipal, and barangay disaster risk reduction and management
councils, for purposes of warning and alerting them and for gathering information
on disaster areas before, during and after disasters; (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. 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 shall conduct research programs to upgrade
know ledge and skills and document best practices on disaster risk reduction and
management. The Institute is also mandated to conduct periodic awareness and
education programs to accommodate new elective officials and members of the
LDRRMCs; (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; 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; (p) Provide advice and technical assistance
and assist in mobilizing necessary resources to increase the overall capacity of
LGUs, specifically the low income and in high-risk areas; (q) Create the necessary
offices 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 officers 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 offices of
the OCD shall serve as secretariat of the RDRRMCs. The RDRRMCs shall be
composed of the executives of regional offices and field 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 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. (a)
Composition: The LDRRMC shall be composed of, but not limited to, the following:
(1) The Local Chief Executives, Chairperson; (2) The Local Planning and
Development Officer, member; (3) The Head of the LDRRMO, member; (4) The Head
of the Local Social Welfare and Development Office, member; (5) The Head of the
Local Health Office, member; (6) The Head of the Local Agriculture Office, member;
(7) The Head of the Gender and Development Office, member; The Head of the
Local Engineering Office, member; (9) The Head of the Local Veterinary Office,
member; (10) The Head of the Local Budget Office, member; (11) The Division
Head/Superintendent of Schools of the DepED, member; (12) The highest-ranking
officer of the Armed Forces of the Philippines (AFP) assigned in the area, member;
(13) The Provincial Director/City/Municipal Chief of the Philippine National Police
(PNP), member; (14) The Provincial Director/City/ Municipal Fire Marshall of the
Bureau of Fire Protection (BFP), member; (15) The President of the Association of
Barangay Captains (ABC), member; (16) The Philippine National Red Cross (PNRC),
member; (17) Four (4) accredited CSOs, members; and (18) One (1) private sector
representative, member. (b) The LDRRMCs shall have the following functions: (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; (3) Recommend the implementation of forced
or preemptive evacuation of local residents, if necessary; and (4) Convene the local
council once every three (3) months or as necessary.
Section 12. Local Disaster Risk Reduction and Management Office (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. (b) The LDRRMO shall be under the office of the governor, city
or municipal mayor, and the punong barangay in case of the BDRRMC. The
LDRRMOs shall be initially organized and composed of a DRRMO to be assisted by
three (3) staff responsible for: (1) administration and training; (2) research and
planning; and (3) operations and warning. The LDRRMOs and the BDRRMCs shall
organize, train and directly supervise the local emergency response teams and the
ACDVs. (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; (6) Formulate and implement a comprehensive and -
integrated LDRRMP in accordance with the national, regional and provincial
framework, and policies on disaster risk reduction in close coordination with the
local development councils (LDCs); (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; 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; (11) Identify and implement
cost-effective risk reduction measures/strategies; (12) Maintain a database of
human resource, equipment, directories, and location of critical infrastructures and
their capacities such as hospitals and evacuation centers; (13) Develop, strengthen
and operationalize mechanisms for partnership or networking with the private
sector, CSOs, and volunteer groups; (14) Take all necessary steps on a continuing
basis to maintain, provide, or arrange the provision of, or to otherwise make
available, suitably-trained and competent personnel for effective civil defense and
disaster risk reduction and management in its area; (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 efficient
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 find 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; (18) Serve as the secretariat and executive arm of the LDRRMC; (19)
Coordinate other disaster risk reduction and management activities; (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; (23) Establish a Provincial/City/Municipal/Barangay Disaster Risk
Reduction and Management Operations Center; (24) Prepare and submit, through
the LDRRMC and the LDC, the report on the utilization of the LDRRMF and other
dedicated disaster risk reduction and management resources to the local
Commission on Audit (COA), copy furnished the regional director of the OCD and the
Local Government Operations Officer of the DILG; and (25) Act on other matters that
may be authorized by the LDRRMC. (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.
Mobilization of volunteers shall be in accordance with the guidelines to be
formulated by the NDRRMC consistent with the provisions of this Act. 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.
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,
specifically the youth, participation in disaster risk reduction and management
activities, such as organizing quick response groups, particularly in identified
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: (a) The BDC, if a barangay is affected; (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; (d) The regional
DRRMC, if two (2) or more provinces are affected; and (e) The NDRRMC, if two (2) or
more regions are affected. The NDRRMC and intermediary LDRRMCs shall always
act as support to LGUs which have the primary responsibility as first 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 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. 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/profiteering and hoarding of prime commodities, medicines
and petroleum products; (c) Programming/reprogramming of funds for the repair
and safety upgrading of public infrastructures and facilities; 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.
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 Office 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; (d) Buying, for consumption or resale,
from the recipient disaster affected persons any relief goods, equipment or other
aid commodities received by them; (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 specific 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; (k) Illegal solicitations
by persons or organizations representing others as defined in the standards and
guidelines set by the NDRRMC; (l) Deliberate use of false at inflated 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 fine 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 disqualification from public office if the offender IS a
public officer, and confiscation or forfeiture in favor of the government of the
objects and the instrumentalities used in committing any of herein prohibited acts.
If the offender is a corporation, partnership or association, or other juridical entity,
the penalty shall be imposed upon the officer or officers of the corporation,
partnership, association or entity responsible for the violation without prejudice to
the cancellation or revocation of these entities license or accreditation issued to
them by any licensing or accredited body of the government. If such offender is an
alien, he or she shall, in addition to the penalties prescribed in this Act, be deported
without further proceedings after service of the sentence. However, the prosecution
for offenses set forth in Section 19 of this Act shall be without prejudice to any
liability for violation of Republic Act No. 3185, as amended, otherwise known as the
Revised Penal Code, and other civil liabilities.
Section 21. Local Disaster Risk" Reduction and Management Fund (LDRRMF). - The
present Local Calamity Fund shall henceforth be known as the Local Disaster Risk
Reduction and Management Fund (LDRRMF). 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, but not limited to, pre-disaster
preparedness programs including training, purchasing life-saving rescue equipment,
supplies and medicines, for post-disaster activities, and for the payment of
premiums on calamity insurance. The LDRRMC shall monitor and evaluate the use
and disbursement of the LDRRMF based on the. LDRRMP as incorporated in the local
development plans and annual work and financial plan. Upon the recommendation
of the LDRRMO and approval of the sanggunian concerned, the LDRRMC may
transfer the said fund to support disaster risk reduction work of other LDRRMCs
which are declared under state of calamity. 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
five (5) years. 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.
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 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. (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. (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, 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.
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 Office of the President, the Senate and the House of Representatives, within the
first quarter of the succeeding year, an annual report relating to the progress of the
implementation of the NDRRMP.
Section 25. Implementing Rules and Regulations. - The NDRRMC. through its
Chairperson. shall issue the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days after approval of this Act. The
OCD. in consultation with key stakeholders. 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.
Section 26. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation of
the provisions of this Act. The Committee shall be composed of six (6) members
from the Senate and six (6) members from the House of Representatives with the
Chairpersons of the Committees on National Defense and Security of both the
Senate and the House of Representatives as joint Chairpersons of this Committee.
The five (5) other members from each Chamber are to be designated by the Senate
President and the Speaker of the House of Representatives. respectively. The
minority shall be entitled to pro rata represent3tion but shall have at least two (2)
representatives from each Chamber.
Section 27. Sunset Review. - Within five (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.
Section 30. Effectivity Clause. - 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.
Conclusion
Republic Act No. 10121 forms part of this new stride on the approach adopted by
the Philippine government for disaster risk reduction and management. In
summary, the risk reduction emphasis through preparedness coupled with a
community-based endeavor is where the law concentrates in improving the
resilience to disasters, hence minimizing any impact upon the population of the
country. It would be in the form of law with provisions to establish the National
Disaster Risk Reduction and Management Council, to create local offices on disaster
risk reduction, and to appropriate funds to cope with disaster mitigation, which will
give a strong legal framework to handle the vulnerability of the country due to
natural and man-made hazards. Implementing this law will be key to making a
disaster-resilient nation and ensuring the safety and well-being of concerned
communities.