Emergency/ Disaster Protocol of Government

Employees
 I. REPUBLIC ACT No. 11058

Seventeenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand seventeen.

REPUBLIC ACT No. 11058

An Act Strengthening Compliance with Occupational Safety and Health Standards and
Providing Penalties for Violations Thereof

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

assembled:

CHAPTER I

DECLARATION OF POLICY

Section 1. Declaration of Policy. - The State affirms labor as a primary social and economic force,
and that a safe and healthy workforce is an integral aspect of nation building.

The State shall ensure a safe and healthful workplace for all working people by affording them full
protection against all hazards in their work environment. It shall ensure that the provisions of the
Labor Code of the Philippines, all domestic laws, and internationally-recognized standards on
occupational safety and health are being fully enforced and complied with by the employers, and it
shall provide penalties for any violation thereof.

The State shall protect every worker against injury, sickness or death through safe and healthful
working conditions thereby assuring the conservation of valuable manpower resources and
prevention of loss or damage to lives and properties consistent with national development goals, and
with the State's commitment to the total development of every worker as a complete human being.

The State, in protecting the safety and health of the workers, shall promote strict but dynamic,
inclusive, and gender-sensitive measures in the formulation and implementation of policies and
programs related to occupational safety and health.

CHAPTER II

GENEREAL PROVISIONS

Section 2. Coverage. - This Act shall apply to all establishments, projects, sites, including Philippine
Economic Zone Authority (PEZA) establishments, and all other places where work is being
undertaken in all other places where work is being undertaken in all branches of economic activity,
except in public sector.

The Secretary of Labor and Employment shall issue the number of employees, and nature of
operations, and the risk or hazard involved.

Section 3. Definition of Terms. As used in this Act:

(a) Certified first-aider refers to any person trained and duly certified to administer first aid by
the Philippine Red Cross or any organization authorized by the Secretary of Labor and
Employment;

(b) Competency standards refers to industry-determined specification of proficiency required

for effective work performance. These are expressed as outcomes with focus on workplace
activity rather than training or personal attributes, and the ability to apply new skills in new
situations or changing work organization;

(c) Covered workplaces refer to establishments, projects, sites and all other places where
work is being undertaken wherein the number of employee, nature of operations, and risk or
hazard involved in the business, as determined by the Secretary of Labor and Employment,
require compliance with the provisions of this Act;

(d) Employer refers to any person, natural or juridical, including the principal employer,

contractor or subcontractor, if any, who directly or indirectly benefits from the services of the
employee;

(e) Equipment refers to any machine with engine or electric motor as prime mover;

(f) General safety and health inspection refers to an examination pf the work environment

including the location and operation of machinery other than those covered by technical
safety audits, adequacy of work space, ventilation, lighting, conditions of work environment,
handling, storage of work procedures, protection facilities and other possible sources of
safety and health hazards in the workplace;

(g) Imminent danger refers to a situation caused by a condition or practice in any place of

employment that could reasonably be expected to lead to death or serious physical harm;

(h) Micro and Small Enterprises (MSEs) refer to establishments employing less than ten (10)
employees, and establishments employing less than one hundred (100) employees,
respectively.

(i) Occupational health personnel refers to a qualified first aider, nurse, dentist or physician

engaged by the employer to provide occupational health services in the establishment,
project, site or workplace;

(j) Occupational Safety and Heatlh (OSH) standards refer to the Occupational Safety and
Health Standards issued by the Secretary of Labor and Employment pursuant to Articles 168
and 171, Chapter 2, Title I of Book Four of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines, and such other standards as may be
issued pursuant to this Act;
 (k) Safety and health audit refers to a regular and critical examination of project sites, safety
programs, records, and management performance on programs, records, and management
performance on program standards on safety and health;

(l) Safety and health committee refers to a body created within the workplace tasked with the
authority to monitor, inspect and investigate all aspects of the work pertaining to the safety
and health of workers.

(m) Safety and health program refers to a set of detailed rules to govern the processs and
practices in all economic activities to conform with OSH standards, including the personnel
responsible, and penalties for any violation thereof;

(n) Safety officer refers to any employee or officer of the company trained by the Department
of Labor and Employment (DOLE) and tasked by the employer to implement an occupational
safety and health program, and ensure that it is in accordance with the provisions of OSH
standards;

(o) Safety signage refers to any emergency, warning or danger signpost or any safety

instruction using the standards colors and sizes, including the standards symbols for safety
instructions and warnings ini the workplace, prescribed by the DOLE; and

(p) Workplace refers to any site or location where workers need to be or to go to by reason of

their work, and which are under the direct or indirect control of the employer.

CHAPTER III

DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND OTHER PERSONS

Section 4. Duties of Employers Workers an Other Persons. -

(a) Every employer, contractor or subcontractor, if any, and any person who manages, controls or
supervises the work being undertaken shall:

(1) Furnish the workers a place of employment free from hazardous conditions that are causing or
are likely to cause death, illness or physical harm to the workers;

(2) Give complete job safety instructions or orientation to all the workers especially to those entering
the job for the first time, including those relating to familiarization with their work environment;

(3) Inform the workers of the hazards associated with their work health risks involved ot to which
they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken
in cases of emergency;

(4) Use only approved devices and equipment for the workplace;

(5) Comply with OSH standards including training medical examination and where necessary,
provision of protective and safety devices such as personal protective equipment (PPE) and
machine guards;
(6) Allow workers and their safety and health representatives to participate actively in the process of
organizing, planning, implementing and evaluating the safety and health program to improve safety
and health in the workplace; and

(7) Provide, where necessary, for measures to deal with emergencies and accidents including first-
aid arrangements.

(b) Every worker shall participate in ensuring compliance with OSH standards in the workplace. The
worker shall make proper use of all safeguards and safety devices furnished for the worker's
protection and that of others, and shall observe instructions to prevent accidents or imminent danger
situation in workplace. The worker shall observe the prescribed steps to be taken in cases of
emergency.

The worker shall report to the supervisor any work hazard that may be discovered in the workplace.

(c) It shall be the duty of any person, including the builder or contractor who visits, builds, renovates
or installs devices or conducts business in any establishment or workplace, to comply with the
provisions of this Act and all other regulations issued by the Secretary of Labor and Employment.

(d) Whenever two(2) or more undertakings are engaged in activities simultaneously in one (1)
workplace, it shall be the duty of all engaged to collaborate in the application of OSH standards and
regulations.

Section 5. Workers' Right to Know. - The right to safety and health at work shall be guaranteed. All
workers shall be appropriately informed by the employer about all types of hazards in the workplace,
provided access to training and education on chemical safety, electrical safety mechanical safety,
and ergonomical safety.

Section 6. Workers' Right to Refuse Unsafe Work. The worker has the right of refusal to work
without threat or reprisal from the employer if, as determined by the DOLE, an imminent danger
situation exists in the workplace that may result in illness, injury or death, and corrective actions to
eliminate the danger have not been undertaken by the employer.

Section 7. Workers' Right to Report Accidents. Workers and their representatives shall have the
right to report accidents, dangerous occurences, and hazards to the employer, to the DOLE and
other concerned government agencies exercising jurisdiction as the competent authority in the
specific industry or economic activity.

Section 8. Workers' Right to Personal Protective Equipment (PPE). - Every employer, contractor or
subcontructor, if any, shall provide his workers, free of charge, protective equipment for their eyes,
face, hands and feet, and free, and lifeline, safety belt or harness, gas or dust respirators or masks,
protective shields whenever necessary by reason of the hazardous work process or environment,
chemical, radiological, mechanical and other irritants or hazards capable of causing injury or
impairment in the function of any part of the body through absorption, inhalation or physical contact.
The cost of the PPE shall be part of the safety and health program which is a separate pay item
pursuant to Section 20 of this Act.

All PPE shall be of the appropriate type as tested and approved by the DOLE based on its
standards. The usage of PPE in all establishments, projects, sites and all other places where work is
being undertaken shall be based on the evaluation and recommendation of the safety officer.
Section 9. Safety Signage and Devices. - All establishments, projects, sites and all other places
where work is being undertaken shall have safety signage and devices to warn the workers and the
public of the hazards in the workplace. Safety signage and devices shall be posted in prominent
positions and strategic locations in a language understandable to all, and in accordance with the
standard set by the DOLE.

Section 10. Safety in the Use of Equipment. In relation to the use of equipment, the employer,
contractor or subcontractor, if any, must comply with the DOLE requirements in the different phases
of the company or project operation including the transport to and from the establishment, project,
site or place where work is being undertaken.

Section 11. Occupational Safety and Health Information. - Workers in all establishments, projects,
sites and all other places where work is being undertaken shall be provided adequate and suitable
information by the employer, contractor or subcontractor, if any, on safety and health hazards, and
the appropriate measures, including the probable location of workers, for the prevention, control and
protection againsta those hazards.

CHAPTER IV

COVERED WORKPLACES

Section 12. Occupational Safety Health (OSH) Program. - Covered workplaces shall have a safety
and health program including the following policies, guidelines or information:

(a) Statement of commitment to comply with OSH requirements;

(b) General safety and health, including a drug-free workplace;

(c) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome
(AIDS)/tuberculosis/hepatitis prevention control;

(d) Company or project details;

(e) Composition and duties of the safety and health committee;

(f) Occupational Safety and health personnel and facilities;

(g) Safety and health promotion, training and education;

(h) Conduct of toolbox meetings;

(i) Accident/incident/illness investigation, recording and reporting;

(j) Provision and use of PPE;

(k) Provision of safety signage;

(l) Dust control and management, and regulations on activities such as building of temporary
structures, and lifting and operation of electrical, mechanical, communications systems and other
equipment;
(m) Provision of workers' welfare facilities;

(n) Emergency preparedness and response plan;

(o) Waste management system; and

(p) Prohibited acts and penalties for violations.

The safety and health program shall be prepared and executed by the employer, contractor or
subcontractor, if any, in consultation with the workers and their representatives and shall be
submitted to the DOLE which shall approved disapproved or modify the same according to existing
laws riles and regulations, and other issuances.

The approved safety and health program shall be communicated and be made readily available to all
persons in the workplace.

Section 13. Occupational Safety and Health (OSH) Committee. - To ensure that the safety and
health program observed and enforced, a safety and health committee shall be organized in covered
workplaces composed of the following:

(a) Employer or representative as the chairperson ex officio;

(b) Safety officer of the company or project as the secretary;

(c) Safety officer representing the contractor or subcontractor, as the case may be, as members;

(d) Physicians, nurses, certified first-aiders, and dentists as members, ex officio,if applicable; and

(e) Workers representatives who shall come from the union if the workers are organized or elected
by the workers through a simple majority vote if they are unorganized, as members.

The committee shall effectively plan develop, oversee and monitor the implementation of the safety
and health program.

Section 14. Safety Officer. - To ensure that a safety and health program is duly followed and
enforced, covered workplaces shall have safety officers who shall:

(a) Oversee the overall management of the safety and health program;

(b) Frequently monitor and inspect any health or safety aspect of the operation being undertaken;

(c) Assist government inspectors in the conduct of safety and health inspection at any time
whenever work is being performed or during the conduct of an accident investigation; and

(d) Issue work stoppage orders when necessary.

The number and qualification of the safety officers shall be proportionate to the total number of
wrokers and equipment, the size of the work area and such other criteria as may be prescribed by
the DOLE.
In the case of a contractor or subcontractor, a safety officer must be deployed at each specific area
of operations to oversee the management of the safety and health programs of its own workforce.

Section 15. Occupational Health Personnel and Facilities. - Covered workplaces shall have qualified
occupational health personnel such as physicians, nurses, certified first-aiders, and dentists duly
complemented with the required medical supplies, equipment and facilities. The number of health
personnel, equipment and facilities. The number of health personnel, equipment and facilities, and
the amount of supplies shall be proportionate to the total number of workers and the risk of hazard
involved, the ideal ratio of which shall be prescribed by the DOLE.

Section 16. Safety and Health Training. -

(a) All safety and health personnel shall undergo the mandatory training on basic occupational safety
and health for safety officers as prescribed by DOLE.

(b) All workers shall undergo the mandatory eight (8) hours safety and health seminar as required by
the DOLE which shall include a portion on joint employer-employee orientation.

(c) All personnel engaged in the operation, erection and dismantling of equipment and scaffolds,
structural erections, excavations, blasting operations, demolition, confined spaces hazardous
chemicals, welding, and flame cutting shall undergo specialized instruction and training on the said
activities.

Section 17. Occupational Safety and Health Reports. - All employers, contractors or subcontractors,
if any, shall submit all safety health reports, and notifications prescribed by the DOLE.

Section 18. Workers' Competency Certification. - In order to professionalize, upgrade and update

the level of competence of workers, the Technical Education and Skills Development Authority
(TESDA) or the Professional Regulation Commission (PRC), as the case may be, shall establish
national compentency standards and prepare guidelines on competence assessment and
certification for critical occupations. In this regard, all critical occupations shall undergo the
mandatory competence assessment and certification by the TESDA.

An occupation shall be considered critical when:

(a) The performance of a job afects the people's lives and safety;

(b) The job involves the handling of tools, equipment and supplies;

(c) The job requires a relatively long period of education and training; and

(d) The performance of the job may compromise the safety, health and environmental concerns
within the immediate vicinity of the establishment.

Section 19. Workers' Welfare Facilities. - All establishments, projects, sites and all other places
where work is being undertaken shall have the following welfare facilities in order to ensure humane
working conditions:

(a) Adequate supply of safe drinking water;

(b) Adequate sanitary and washing facilities;

(c) Suitable living accomodation for workers, as may be applicable; and

(d) Separate sanitary, washing and sleeping facilities for men and women workers as may be
applicable.

Section 20. Cost of safety and Health Program. - The total cost of implementing a duly approved
safety and health program shall be an integral part of the operations cost. It shall be a separate pay
item in construction and in all contracting or subcontracting arrangements.

CHAPTER V

JOINT AND SOLIDARITY LIABILITY

Section 21. Employers' Responsibility and Liability. - The employer, project owner, general
contractor, contractor or subcontractor, if any, and any person who manages, controls or supervises
the work being undertaken shall be jointly and solidarily liable for compliance with this Act.

CHAPTER VI

ENFORCEMENT OF OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Section 22. Visitorial Power of the Secretary of Labor and Employment. - Pursuant to Article 128 of
the Labor Code of the Philippines and other applicable laws, the Secretary of Labor and
Employment or the Secretary's authorized representatives shall have the authority to enforce the
mandatory occupational safety and health standards in all establishments and conduct, together with
representatives from the the labor and the employer sectors, an annual spot audit on compliance
with OSH standards. The Secretary or the Secretary's duly authorized representatives can enter
workplaces at anytime of the day or night where work is being performed to examine records and
investigate facts, conditions or matters necessary to determine compliance with the provisions of this
Act.

No person or entity shall obstruct, impede, delay or otherwise render ineffective the orders of the
Secretary of Labor and Employment or the Secretary's duly authorized representatives issued
pursuant to the authority granted under Article 128 of the Labor Code of the Philippines, and no
lower court or entity shall issue temporary or permanent injunction or restraining order or otherwise
assume jurisdiction over any case involveing the enforcement orders.

The Secretary of Labor and Employment may likewise order stoppage of work or suspension of
operations of any unit or department of an establishment when noncompliance with law or
implementing rules and regulations poses grave and imminent danger to the health and safety of
workers in the workplace.

The procedure for inspecting work premises, notifying employers of violations, and issuing
compliance or stoppage orders shall be pursuant to the procedure laid down in Article 128 of the
Labor Code of the Philippines as implemented through relevant regulations issued by the DOLE on
administration and enforcement of labor laws. The inspector or person authorized by the DOLE to
enforce compliance with OSH standards shall present proper identification upon request, and such
inspector or person shall only act within the authority or direction given by the Secretary of Labor
and Employment.
The Secretary of Labor and Employment or the Secretary duly authorized representatives shall
inspect establishments and workplaces regardless of the size and nature of operation. Any kind of
self-assessment shall not take the place of labor inspection conducted by the DOLE. However,
chartered cities may be allowed to conduct industrial safety inspections of establishments within their
jurisdiction in coordination with the DOLE: Provided, That they have adequate facilities and
competent personnel for purpose as determines by the DOLE, and subject to national standards
established by the latter.

Section 23, Payment of Workers During Work Stoppage Due to Imminent Danger. - If stoppage of
work due to imminent danger occurs as a result of the employer's violation or fault, the employer
shall pay the workers concerned their wages during the period of such stoppage of work or
suspension of operation. For purposes of payment of wages and any other liabilities arising from a
work stoppage order is issued secondary to an imminent danger situation which would imperil the
lives of the workers.

Section 24. Delegation of Authority. - The authority to enforce mandatory OSH standards may be
delegated by the Secretary of Labor and Employment to a competent government authority.

Section 25. Standards Setting Power of the Secretary of Labor and Employment. - The Secretary of
Labor and Employment shall, in consultation with the other concerned government agencies and
relevant stakeholders, by appropriate orders, set and enforce mandatory OSH standards to eliminate
or reduce occupational safety and health hazards depending on the number of employees of the
establishment, the nature of its business operations, and the risk or hazard involved.

The Secretary shall also institute new, and update existing programs to ensure safe and healthy
working conditions in all workplaces especially in hazardous industries such as a mining, fishing,
construction, and the maritime industry.

Section 26. Employee's Compensation Claim. - A worker may file claims for compensation benefit
arising out of work-related disability or death. Such claims shall be processed independently of the
finding of fault, gross negligence or bad faith of the employer in a proceeding instituted for the
purpose.

Section 27. Incentives to Employers. - There shall be an established package of incentives under

such riles and regulations as may be promulgated by the DOLE to qualified employers to recognize
their efforts toward ensuring compliance with OSH and general labor standards such as OSH
training packages, additional protective equipment, technical guidance, recognition awards and other
similar incentives.

Section 28. Prohibited Acts. - The following are considered as prohibited acts:

(a) Willful failure or refusal of an employer, contructor or subcontructor to comply with the required
OSH standards or with a compliance order issued by the Secretary of Labor and Employment or by
the Secretary's authorized representative shall make such employer, contructor or subcontructor
liable for an administrative fine not exceeding One hundred thousand pesos (₱100,000.00) per day
until the violation is corrected, counted from the date the employer or contructor is notified of the
violation or the date the compliance order is duly served on the employer. The amount of fine
imposed shall depend on the frequency or gravity of the violation committed or the damage
caused: Provide, however, That the maximum amount shall be imposed only when the violation
exposes the workers to a risk of death, serious injury or serious illness.
(b) An employer, contructor or subcontructor who willfully fails or refuses to comply with the required
OSH standards or with a duly issued compliance order, and engages in any of the following acts to
aid, conceal or facilitate such noncompliance shall be liable for a maximum of One hundred
thousand pesos (₱100,000.00) administrative fine separate from the daily fine imposed above:

(1) Repeated obstruction, delay or refusal to provide the Secretary of Labor and Employment
or any of its authorized representatives access to the covered workplace or refusal to provide
or allow access to relevant records and documents or obstruct the conduct of investigation of
any fact necessary in determining compliance with OSH standards;

(2) Misrepresentation in relation to adherence to OSH standards, knowing such statement,

report or record submitted to the DOLE to be false in any material aspect;

(3) Making retaliatory measures such as termination of employment, refusal to pay, reducing
wages and benefits or in any manner discriminates against any workers who has given
information relative to the inspection being conducted.

For the purpose, the Secretary of Labor and Employment, in consultation with relevant stakeholders,
shall issue a list of offenses with corresponding reasonable administrative fines depending on the
severity, frequency and damage caused without prejudice to the filing of a criminal or a civil casein
the regular courts, as the case may be.

The fine collected shall be used for the operation of occupational safety and health initiatives,
including occupational safety and health training and education and other occupational safety and
health programs.

CHAPTER VII

MISCELLANEOUS PROVISIONS

Section 29. Updated DOLE Computerized Labor Law Compliance System. - The Secretary of Labor
and Employment shall maintain an updated labor inspection system of computerized gathering and
generation of real time data on compliances, monitoring of enforcement, and a system of notification
on workplace accidents and injuries.

Section 30. Applicability to Micro and Small Enterprises (MSEs). - Specific to MSEs, the DOLE shall
develop OSH core compliance standards to ensure safe and healthy workplaces. All MSEs shall be
required to implement the prescribed standards for housekeeping, materials handling and storage,
electrical and mechanical safety and PPE, and to monitor hazards regularly.

Section 31. Inter-Governmental Coordination and Cooperation. - The DOLE shall institute a

mechanism for coordination with the Department of Environment and Natural Resources,
Department of Energy, Department of Transportation, Department of Agriculture, Departmen of
Publis Works and Highways, Department of Trade and Industry, Department of the Interior and Local
Government, Department of Health, Department of Information and Communications Technology,
PEZA and all other government agencies, including local government units, within sixty (60) days
from the issuance of the implementing rules and regulations of this Act. They shall regularly convene
to monitor the effective implementation of this Act as well as the related programs and projects that
are established to prevent and eliminate the incidence of injury, sickness or death in all workplaces.
Section 32. Implementing Rules and Regulations. -The Secretary of Labor and Employment, in
coordination with agencies concerned, shall formulate the rules and regulations within ninety (90)
days after the effectivity of this Act.

Section 33. Separability Clause. - If any part, section or provision of this Act shall be held invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full force and
effect.

Section 34. Repealing Clause. - All laws, acts decrees, executive orders, rules and regulations or
other issuances or parts thereof which are inconsistent with this Act are hereby modified or repealed.

Section 35. Effectivity. - This Act shall take effect after fifteen (15) days after its publication in the
Official Gazette or at least two (2) newspapers of general circulation.

Approved,

VICENTE C. SOTTO
President of the Senate

PANTALEON D. ALVAREZ
Speaker of the House of Representative

This Act which is a consolidated of House Bill No. 64 and Senate Bill No. 1317 was passed by the
House of Representatives and the Senate on May 22, 2018.

MYRA MARIE D. VILLARICA

Secretary of Senate

CESAR STRAIT PAREJA

Secretary General
House of Representatives

Approved: August 17, 2018

RODRIGO ROA DUTERTE

President of the Philippines
 II. CSC Memorandum Circular Nos. 2 and 16 issued 16 February 2012 and 17 October
2012

The Civil Service Commission (CSC) reiterated CSC Memorandum Circular Nos. 2 and 16 issued 16
February 2012 and 17 October 2012, respectively, containing guidelines for the grant of the special
emergency leave for state employees, which may be applied for five straight working days or on
staggered basis and will not be deducted from the employee’s leave credits. Said privilege may be
used for any of the following: for urgent repair and clean-up of damaged house, being stranded in
affected areas, disease/illness of employees brought by natural calamity/disaster, or caring of
immediate family members affected by natural calamity/disaster.

The CSC added that the special emergency leave may be availed of by the affected government
employees within thirty (30) days from the first day of calamity declaration by proper government
agencies/authorities.

The Commission added that the head of office shall take full responsibility for the grant of special
emergency leave and verification of the employee’s eligibility to be granted thereof. Said verification
shall include: validation of place of residence based on latest available records of the affected
employee; verification that the place of residence is covered in the declaration of calamity area by
the proper government agency; and such other proofs as may be necessary.

III. REPUBLIC ACT No. 10121

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

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 such as social relationships, leadership and
management. Capacity may also be described as capability.

(c) "Civil Society Organizations" Or "CSOs" - non-state actors whose aims are neither to
generate profits nor to seek governing power. CSOs unite people to advance shared goals
and interests. They have a presence in public life, expressing the interests and values of
their members or others, and are based on ethical, cultural, scientific, religious or
philanthropic considerations. CSOs include nongovernment organizations (NGOs),
professional associations, foundations, independent research institutes, community-based
organizations (CBOs), faith-based organizations, people's organizations, social movements,
and labor unions.

(d) "Climate Change" - 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, whether due to natural variability or as a result of human activity.
(e) "Community-Based Disaster Risk Reduction and Management" or "CBDRRM" - a
process of disaster risk reduction and management in which at risk communities are actively
engaged in the identification, analysis, treatment, monitoring and evaluation of disaster risks
in order to reduce their vulnerabilities and enhance their capacities, and where the people
are at the heart of decision-making and implementation of disaster risk reduction and
management activities.

(f) "Complex Emergency" - 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.

(g) "Contingency Planning" - a management process that analyzes specific potential events

or emerging situations that might threaten society or the environment and establishes
arrangements in advance to enable timely, effective and appropriate responses to such
events and situations.

(h) "Disaster" - a serious disruption of the functioning of a community or a society involving

widespread human, material, economic or environmental losses and impacts, which exceeds
the ability of the affected community or society to cope using its own resources. Disasters
are often described as a result of the combination of: the exposure to a hazard; the
conditions of vulnerability that are present; and insufficient capacity or measures to reduce or
cope with the potential negative consequences, Disaster impacts may include loss of life,
injury, disease and other negative effects on human, physical, mental and social well-being,
together with damage to property, destruction of assets, loss of services, Social and
economic disruption and environmental degradation. 1avvphi1

(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.

(j) "Disaster Preparedness" - the knowledge and capacities developed by governments,

professional response and recovery organizations, communities and individuals to effectively
anticipate, respond to, and recover from, the Impacts of likely, imminent or current hazard
events or conditions. 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.
Preparedness is based on a sound analysis of disaster risk and good linkages with early
warning systems, and includes such activities as contingency planning, stockpiling of
equipment and supplies, the development of arrangements for coordination, evacuation and
public information, and associated training and field exercises. These must be supported by
formal institutional, legal and budgetary capacities.

(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 embankments that
eliminate flood risks, land-use regulations that do not permit any settlement in high-risk
zones, and seismic engineering designs that ensure the survival and function of a critical
building in any likely earthquake.

(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 specified
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.

(p) "Disaster Risk Reduction and Management Information System" - a specialized database

which contains, among others, information on disasters and their human material, economic
and environmental impact, risk assessment and mapping and vulnerable groups.

(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 sufficient
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.

(r) "Emergency" - unforeseen or sudden occurrence, especially danger, demanding

immediate action.

(s) "Emergency Management" - the organization and management of resources and

responsibilities for addressing all aspects of emergencies, in particular preparedness,
response and initial recovery steps.

(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.
(w) "Land-Use Planning" - the process undertaken by public authorities to identify, evaluate
and decide on different options for the use of land, including consideration of long-term
economic, social and environmental objectives and the implications for different communities
and interest groups, and the subsequent formulation and promulgation of plans that describe
the permitted or acceptable uses.

(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 Office of Civil Defense (OCD) that sets out goals
and specific objectives for reducing disaster risks together with related actions to accomplish
these objectives.

The NDRRMP shall provide for the identification 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.

(aa) "Post-Disaster Recovery" - the restoration and improvement where appropriate, of

facilities, livelihood and living conditions. of disaster-affected communities, including efforts
to reduce disaster risk factors, in accordance with the principles of "build back better".

(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 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.

(cc) "Private Sector" - 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. The private sector comprises private
corporations, households and nonprofit institutions serving households.

(dd) "Public Sector Employees" - all persons in the civil service.

(ee) "Rehabilitation" - 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.

(ff) "Resilience" - the ability of a system, community or society exposed to hazards to resist,

absorb, accommodate and recover from the effects of a hazard in a timely and efficient
manner, including through the preservation and restoration of its essential basic structures
and functions.

(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 specific 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 fire and natural hazards.

(kk) "Risk Transfer" - the process of formally or informally shifting the financial 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 financial benefits provided to that other party.

(ll) "State of Calamity" - a condition involving mass casualty and/or major damages to

property, disruption of means of livelihoods, roads and normal way of life of people in the
affected areas as a result of the occurrence of natural or human-induced hazard.

(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.
 (nn) "Vulnerability" - the characteristics and circumstances of a community, system or asset
that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from
various physical, social, economic, and environmental factors such as poor design and
construction of buildings, inadequate protection of assets, lack of public information and
awareness, limited official recognition of risks and preparedness measures, and disregard for
wise environmental management.

(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.

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);

(n) 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);

(y) 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;

(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;

(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;

(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;

(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;

(8) 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;

(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;

(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.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 3086 and House Bill No, 6985 was finally passed
by the Senate and the House of Representatives on February 1, 2010.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: May 27, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

IV.