REPUBLIC OF THE PHILIPPINES
NATIONAL DISASTER COORDINATING COUNCIL
National Disaster Management Center
Camp General Emilio Aguinaldo, Quezon City, Philippines

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10121, ALSO KNOWN AS "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"

RULE 1 - GENERAL PROVISIONS

Section 1. Title - These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10121 also known as the "Philippine Disaster Risk Reduction and Management Act of 2010 (PDRRM Act of 2010)".

Section 2. Purpose - These Rules are hereby promulgated to prescribe the manner, procedures and guidelines for the implementation of the PDRRM Act of 2010, to facilitate compliance therewith, and achieve the objectives thereof.

Section 3. Declaration of Policy - It is 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;chanroblesvirtual lawlibrary

(b) Adhere to and adopt the universal norms, principles, and standards of humanitarian assistance such as the Universal Declaration of Human Rights, UN Guiding Principles and Guidelines on Internal Displacement and Durable Solutions, Convention on the Elimination of Discrimination Against Women (CEDAW), Convention on the Rights of the Child and the global effort on risk reduction as concrete expression of the country’s commitment to overcome human sufferings due to recurring disasters;chanroblesvirtual lawlibrary

(c) Incorporate internationally accepted principles and guidelines of disaster risk management in the creation and implementation of national, regional and local sustainable development and poverty reduction strategies, policies, plans and budgets;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(g) Mainstream disaster risk reduction and climate change adaptation and mitigation 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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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 including Internally Displaced Persons (IDPs) can immediately go back to their normal lives during periods of intermittent conflicts;chanroblesvirtual lawlibrary

(j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive to indigenous knowledge systems and cultures, and respectful of human rights;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(l) Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(n) Develop and strengthen the capacities of vulnerable and marginalized groups to mitigate, prepare for, respond to, and recover from the effects of disasters;chanroblesvirtual lawlibrary

(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 of Application - These Rules provide 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. These shall apply to all levels of government, civil societies, private sectors and all other DRM stakeholders.

RULE 2 - DEFINITION OF TERMS

Section 1 - Whenever used in these Rules, 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, tools, systems, processes, appropriate technologies and collective attributes such as social relationships, leadership and management. Capacity may also be described as capability.

(c) "Civil Defense" - disaster preparedness and prevention activities, other than military actions, geared towards the reduction of loss of life and property brought about by natural and human-induced disasters. Civil Defense may also be referred to as Civil Protection n.

(d) "Civil Society Organizations" or "C50s" - non-state actors whose aims are neither to generate profits nor to seek governing power. C50s 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 social, ethical, cultural, scientific, religious or philanthropic and other considerations. C50s include non-government organizations (NGOs), professional associations, foundations, independent research institutes, community-based organizations (CBOs), faith-based organizations, people’s organizations, social movements, and labor unions.

(e) "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.

(f) "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.

(g) "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.

(h) "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.

(i) "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.

(j) "Disaster Mitigation" - the lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures include but not limited to the engineering techniques and hazard-resistant construction but includes as well as improved environmental policies and programs and public awareness.

(k) "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.

(l) "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.

(m) "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",

(n) "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.

(0) "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.

(p) "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 in place.

(q) "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.

(r) Disaster Victims - persons or group of persons who have been adversely affected by a natural or human-induced hazard who have to leave their habitual places of residence due to exiting or impending threats, damaged shelter units, with casualty among immediate family members or those who remained in their habitual places of origin when still habitable but whose main source of income or livelihood had been damaged and are experiencing hopelessness and difficulty in coping or responding to the onslaught of the hazardous events on their own resources.

(s) "Early Recovery" - multidimensional process of recovery that begins in a humanitarian setting. It is guided by development principles that seek to build on humanitarian programmes and catalyze sustainable development opportunities. It aims to generate self-sustaining, nationally-owned, resilient processes for post-crisis recovery. It encompasses the restoration of basic services, livelihoods, shelter, governance, security and rule of law, environment and social dimensions, including reintegration of displaced populations.

(t) "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.

(u) "Emergency" - unforeseen or sudden occurrence, especially danger, demanding immediate action.

(v) "Emergency Management" - the organization and management of resources such as volunteers, funds, donations, food and non-food items, temporary/evacuation centers, and responsibilities for addressing all aspects of emergencies, in particular preparedness, response and initial recovery steps.

(w) "Exposure" - the degree to which the elements at risk are likely to experience hazard events of different magnitudes.

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

(y) "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.

(z) Internally Displaced Persons (IDPs) or Persons Displaced by the Disaster - are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of natural or human-induced disasters, and who have not crossed an internationally recognized State border.

(aa) "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.

(bb) "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.

(cc) "National Disaster Risk Reduction and Management Framework" or "NDRRM Framework’ - provides for comprehensive, all hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management.

(dd) "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 in 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 and the budgetary resources to implement the plan, it shall be in conformity with the NDRRM Framework.

(ee) "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"chanroblesvirtual lawlibrary

(ff) "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.

(gg) "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.

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

(ii) "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.

(jj) "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.

(kk) "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.

(ll) "Risk" - the combination of the probability of an event and its negative consequences. Also, the probability of harmful consequences, or expected losses (deaths, injuries, properties, livelihoods, economic activity disruption or environment damage) resulting from interactions between natural, human-induced hazards and vulnerable conditions.

(mm) "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.

(nn) "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.

(oo) "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 shall 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.

(pp) "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.

(qq) "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.

(rr) "Volunteer" - individual/person or group who for reasons arising from their socio-developmental, business and corporate orientation, commitment or conviction, contribute time, service, and resources whether full time or part time base to a just and essential social development cause, mission or endeavor in the belief that their activity is mutually meaningful and beneficial to public interest as well as to themselves.

(ss) "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.

(tt) "Vulnerable and Marginalized Groups" - includes individuals or groups of people that face higher exposure to disaster risk and poverty including, but not limited to, women, especially pregnant women, youth, children especially orphans and unaccompanied children, elderly, differently-abled people, indigenous people, the disadvantaged families and individuals living in high risk areas and danger zones, and those living in the road right-of-ways and highly congested areas vulnerable to industrial, environmental, health hazards and road accidents. Included into the exposures of poverty are the marginalized farmers and fisher folks.

RULE 3 - THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL

Section 1. National Disaster Risk Reduction and Management Council - The present National Disaster Coordinating Councilor NDCC shall henceforth be known as the National Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC or the National Council.

Section 2. Composition - 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. Other members of the Council are:

(a) Secretary of the Department of Health (DOH);chanroblesvirtual lawlibrary

(b) Secretary of the Department of Environment and Natural Resources (DENR); (c) Secretary of the Department of Agriculture (DA);chanroblesvirtual lawlibrary

(d) Secretary of the Department of Education (DepEd);chanroblesvirtual lawlibrary

(e) Secretary of the Department of Energy (DOE);chanroblesvirtual lawlibrary

(f) Secretary of the Department of Finance (DOF);chanroblesvirtual lawlibrary

(g) Secretary of the Department of Trade and Industry (DTI);chanroblesvirtual lawlibrary

(h) Secretary of the Department of Transportation and Communications (DOTC);chanroblesvirtual lawlibrary

(i) Secretary of the Department of Budget and Management (DBM);chanroblesvirtual lawlibrary

(j) Secretary of the Department of Public Works and Highways (DPWH);chanroblesvirtual lawlibrary

(k) Secretary of the Department of Foreign Affairs (DFA);chanroblesvirtual lawlibrary

(l) Secretary of the Department of Justice (DOJ);chanroblesvirtual lawlibrary

(m) Secretary of the Department of labor and Employment (DOLE);chanroblesvirtual lawlibrary

(n) Secretary of the Department of Tourism (DOT);chanroblesvirtual lawlibrary

(o) The Executive Secretary;chanroblesvirtual lawlibrary

(p) Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP);chanroblesvirtual lawlibrary

(q) Chairperson, Commission on Higher Education (CHED);chanroblesvirtual lawlibrary

(r) Chief of Staff, Armed Forces of the Philippines (AFP);chanroblesvirtual lawlibrary

(s) Chief, Philippine National Police (PNP);chanroblesvirtual lawlibrary

(t) The Press Secretary or his equivalent;chanroblesvirtual lawlibrary

(u) Secretary General of the Philippine Red Cross (PRC);chanroblesvirtual lawlibrary

(v) Commissioner of the National Anti-Poverty Commission-Victims of Disasters and Calamities Sector (NAPC-VDC);chanroblesvirtual lawlibrary

(w) Chairperson, National Commission on the Role of Filipino Women which is known today as the Philippine Commission on Women (PCW);chanroblesvirtual lawlibrary

(x) Chairperson, Housing and Urban Development Coordinating Council (HUDCC);chanroblesvirtual lawlibrary

(y) Executive Director of the Climate Change Office of the Climate Change Commission; (z) President, Government Service Insurance System (GSIS);chanroblesvirtual lawlibrary

(aa) President, Social Security System (555);chanroblesvirtual lawlibrary

(bb) President, Philippine Health Insurance Corporation (PhilHealth);chanroblesvirtual lawlibrary

(cc) President of the Union of Local Authorities of the Philippines (ULAP);chanroblesvirtual lawlibrary

(dd) President of the League of Provinces of the Philippines (LPP);chanroblesvirtual lawlibrary

(ee) President of the League of Cities of the Philippines (LCP);chanroblesvirtual lawlibrary

(ff) President of the league of Municipalities of the Philippines (LMP);chanroblesvirtual lawlibrary

(gg) President of the Liga ng Mga Barangay (LMB);chanroblesvirtual lawlibrary

(hh) Four (4) representatives from the CSOs;chanroblesvirtual lawlibrary

(ii) One (1) representative from the private sector; and

(jj) Administrator of the OCD.

In case of the C50 and private sector representatives, the National Council shall provide for the guidelines of selection and screening thereof.

Section 3. Powers and Functions - The National Council, being empowered with policy making, coordination, integration, supervision, monitoring and evaluation functions, shall have the following responsibilities:

(a) Develop a NDRRM Framework which shall provide for 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;chanroblesvirtual lawlibrary

(b) Ensure that the NDRRM Plan is consistent with the NDRRM Framework;chanroblesvirtual lawlibrary

(c) Advise the President on the status of disaster preparedness, prevention, mitigation, response and rehabilitation operations being undertaken by the government, C50s, 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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(e) Establish and/or strengthen a comprehensive, all hazards 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;chanroblesvirtual lawlibrary

(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic protection and increase resiliency in the face of disaster;chanroblesvirtual lawlibrary

(g) Monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards required by the Act;chanroblesvirtual lawlibrary

(h) Manage and mobilize resources for disaster risk reduction and management including the National Disaster Risk Reduction and Management Fund;chanroblesvirtual lawlibrary

(i) Provide necessary guidelines and procedures, and monitor the Local Disaster Risk Reduction and Management Fund (LDRRMF) releases as well as utilization, accounting and auditing thereof; "chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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; and

(r) Coordinate or oversee the implementation of the country’s obligations with disaster management treaties to which it is a party such as the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), which came into force on 24 December 2009, 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 4. Authority of the Chairperson - The Chairperson of the NDRRMC may call upon other instrumentalities or entities of the government and non-government, civic and private 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 5. Duties & Responsibilities of the National Council Members

5.1 The Chairperson, assisted by the four (4) Vice-chairpersons, shall provide the overall direction, exercise supervision and effect coordination of relevant DRRM programs, projects and activities consistent with respective National Council Member Departments or Agency mandates.

5.2 Every member agency shall be assigned functions relevant to their mandates, programs, geographic jurisdiction and special constituencies to be indicated in the NDRRMP. Each agency shall formulate its own DRRM Implementing Plan and their manual of operations. A copy of DRRM Implementing Plan shall be submitted to the National Council for adoption.

5.3 Every member agency of the NDRRMC shall establish their respective Emergency Operations Center (EOC), subject to exemptions granted by the National Council, and shall likewise designate a focal officer for DRRM.

Section 6. Meetings of the National Council - The National Council shall meet regularly every quarter on dates and place to be determined by the said council. The Chairperson of the Council may call for a special meeting as the need arises, The Council shall formulate internal rules for its meetings.

RULE 4 - REGIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL

Section 1. Regional Disaster Risk Reduction and Management Councils -The current Regional Disaster Coordinating Councils shall henceforth be known as the Regional Disaster Risk Reduction and Management Councils (RDRRMCs).

Section 2. Composition - 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. The RDRRMCs shall be composed of the executives of regional offices and field stations [at the regional level] of [the] government agencies that are members of the National Council.

Section 3. Functions and responsibilities- Except for the policy making function of the NDRRMC, the RDRRMCs shall likewise carry out coordination, integration, supervision, monitoring and evaluation functions covering Regional Council Member Agencies and the Local Disaster Risk Reduction Management Councils (LDRRMCs) within their jurisdictions. The RDRRMC shall also be responsible in ensuring risk-sensitive regional development plans, and in case of emergencies, shall convene the different regional line agencies and concerned institutions and authorities.

3.1. The RDRRMC Chairperson may tap the facilities and resources of other government agencies and private sectors, for the protection of life and properties in pursuit of disaster risk reduction and management.

3.2. The RDRRMCs shall constitute a technical working group composed of representatives of the member agencies that shall coordinate and meet as often as necessary to effectively manage and sustain regional efforts on disaster risk reduction and management.

Section 4. Meetings and Secretariat - The RDRRMC shall meet regularly every quarter on dates and place to be determined by the Regional Council. The Chairperson of the Council may call for a special meeting as tl1e need arises. The existing regional offices of OCD shall serve as secretariat of the RDRRMCs. The Council shall formulate internal rules for its meetings.

Section 5. Operations Center - The RDRRMCs shall establish an operating facility on a 24�hour’ basis, to be known as the Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC).

Every member agency of the RDRRMC shall establish its respective Emergency Operations Center (EOC), subject to exemptions granted by the Regional Council, and shall designate a focal officer for DRRM.

Section 6. Metro Manila Disaster Risk Reduction and Management Council (MMDRRMC) - In keeping with the provisions of Republic Act No. 7924 designating Metro Manila as a special administrative region, the MMDRRMC shall be chaired by the Chairperson of the Metro Manila Development Authority (MMDA). It shall also have an organizational structure similar to that of the RDRRMCs to be composed of the executives of MMDA departments or offices and/or regional offices or field stations operating in the National Capital Region. OCD Civil Defense Officer designated as Regional Director of the National Capital Region shall serve as the RDRRMC’s Vice-Chairperson on Disaster Preparedness or such other functions as may be determined by the MMDRRMC Chair.

All other national government agencies operating in NCR shall be members of the MMDRRMC.

Section 7. Autonomous Region in Muslim Mindanao (ARMM) - In the case of the ARMM, the Regional Governor shall be the RDRRMC Chairperson, The RDRRMC - ARMM may likewise have four (4) Vice Chairpersons comprising of the Secretaries of the DSWD-ARMM for Disaster Response, the DILG-ARMM for Disaster Preparedness, and the DOST -ARMM for Disaster Mitigation and Prevention, and the Executive Director of the Regional Planning and Development Office (RPDO) for Disaster Rehabilitation and Recovery. The RDRRMC-ARMM shall formulate internal rules for its meetings.

Section 8. Other entities - RDRRMCs may invite other concerned institutions, organizations, agencies and instrumentalities in the private and public sector when deemed necessary to perform their mandate.

RULE 5 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCILS

Section 1. Local Disaster Risk Reduction and Management Councils- 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.

Section 2. Composition - As may be determined by the LDRRMC, it shall be composed of, but not limited to, the following:,

(1) The Local Chief Executive, Chairperson;chanroblesvirtual lawlibrary

(2) The Local Planning and Development Officer, member;chanroblesvirtual lawlibrary

(3) The Head of the LDRRMO, member;chanroblesvirtual lawlibrary

(4) The Head of the Local Social Welfare and Development Office, member;chanroblesvirtual lawlibrary

(5) The Head of the Local Health Office, member;chanroblesvirtual lawlibrary

(6) The Head of the Local Agriculture Office, member;chanroblesvirtual lawlibrary

(7) The Head of the Gender and Development Office, member;chanroblesvirtual lawlibrary

(8) The Head of the Local Engineering Office, member;chanroblesvirtual lawlibrary

(9) The Head of the Local Veterinary Office, member;chanroblesvirtual lawlibrary

(10) The Head of the Local Budget Office, member;chanroblesvirtual lawlibrary

(11) The Division Head/Superintendent of Schools/District Supervisor of the DepED, member;chanroblesvirtual lawlibrary

(12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area, member;chanroblesvirtual lawlibrary

(13) The Provincial/City Director/Component City/Municipal Chief of the Philippine National Police (PNP), member;chanroblesvirtual lawlibrary

(14) The Provincial Director/City Municipal Fire Marshall of the Bureau of Fire Protection (BFP), member;chanroblesvirtual lawlibrary

(15) The President of the Liga ng mga Barangay, member;chanroblesvirtual lawlibrary

(16) The Philippine Red Cross (PRC), member;chanroblesvirtual lawlibrary

(17) Four (4) accredited CSOs, member; and

(18) One (1) private sector representative, member.

2.1. The LDRRMC is encouraged to include the following as its members:

(1) The Provincial Director/City/Municipal Officer of the Department of Interior and Local Government;chanroblesvirtual lawlibrary

(2) The Provincial Director/City/Municipal Officer of the Department of Environment and Natural Resource;chanroblesvirtual lawlibrary

(3) The appropriate official of the Philippine Coast Guard or Forest Guard in the locality, where applicable;chanroblesvirtual lawlibrary

(4) A Representative of the Sanggunian.

Section 3. Criteria for CSOs and private’ sector representative - The criteria for the selection of CSOs and the private sector representation in the LDRRMC shall adhere with the guidelines to be issued by the National Council for said purpose, including accreditation and operational mechanisms or processes.

Section 4. Functions - The LDRRMCs shall have the following functions:

(1) Approve, monitor and evaluate the implementation of the LDRRMPs and annually review, test and develop the plan consistent with other national and local planning programs;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(3) Recommend the implementation of forced or preemptive evacuation of local residents, if necessary; and

(4) Convene the local council as provided by the Act and these Rules.

Section 5. Meetings and Quorum - The meetings of the local Councils shall be held once every three months on dates and place to be determined by the body. The Chairperson of the Local Council may call for a special meeting as he may deem necessary. The local Councils shall promulgate their respective internal rules for their meetings. The Local Disaster Risk Reduction and Management Office (LDRRMO), referred to in the succeeding Rule, shall serve as the Secretariat.

RULE 6 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT OFFICE (LDRRMO)

Section 1. Establishment of an Office - There is hereby created an LDRRMO in every province, city and municipality under the Office of the Governor, City or Municipal Mayor, respectively, and a Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every barangay to be headed by the Punong Barangay.

Section 2. Composition and Structure - 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.

2.1. The budgetary source, compensation and hiring procedure for the DRRMO shall conform to the rules and policies of the CSC and the DBM, among others.

Section 3. Qualifications of the DRRM Officer - The DRRM Officer provided under Section 12 (b) of the Act shall have the following qualifications:

(a) Must be civil service eligible;chanroblesvirtual lawlibrary

(b) Must have a Civil Defense/DRM experience.

Section 4. Functions - The provincial, city and municipal DRRMOs or BDRRMCs, in coordination with concerned national agencies and instrumentalities, shall perform the following functions with impartiality, given the emerging challenges brought by disasters of our times:

(1) Set the direction, development, implementation and coordination of disaster risk management programs within their territorial jurisdiction.

(2) Design, program, and coordinate disaster, risk reduction and management activities consistent with the National Council’s standards and guidelines;chanroblesvirtual lawlibrary

(3) Facilitate and support risk assessments and contingency planning activities at the local level;chanroblesvirtual lawlibrary

(4) Consolidate local disaster risk information which includes natural hazards, vulnerabilities, and climate change risks, and maintain a local risk map;chanroblesvirtual lawlibrary

(5) Organize and conduct training, orientation, and knowledge management activities on disaster risk reduction and management at the local level;chanroblesvirtual lawlibrary

(6) 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;chanroblesvirtual lawlibrary

(7) 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);chanroblesvirtual lawlibrary

(8) 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;chanroblesvirtual lawlibrary

(9) 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;chanroblesvirtual lawlibrary

(10) Identify, assess and manage the hazards vulnerabilities and risks that may occur in their locality;chanroblesvirtual lawlibrary

(11) Disseminate information and raise public awareness about those hazards, vulnerabilities and risks, their nature, effects, early warning signs and counter-measures;chanroblesvirtual lawlibrary

(12) Identify and implement cost. effective risk reduction measures/strategies;chanroblesvirtual lawlibrary

(13) Maintain a database of human resource, equipment, directories, and location of critical infrastructures and their capacities such as hospitals and evacuation centers;chanroblesvirtual lawlibrary

(14) Develop, strengthen and operationalize mechanisms for partnership or networking with the private sector, CSOs, and volunteer groups;chanroblesvirtual lawlibrary

(15) 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;chanroblesvirtual lawlibrary

(16) Organize, train, equip and supervise the local emergency response teams and the ACDVs, ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to breastfeed;chanroblesvirtual lawlibrary

(17) 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 and children can find help with breastfeeding, feed and care for their babies and give support to each other;chanroblesvirtual lawlibrary

(18) Within its area, promote and raise public awareness of and compliance with the Act and legislative provisions relevant to the purpose of the Act;chanroblesvirtual lawlibrary

(19) Serve as the secretariat and executive arm of the LDRRMC;chanroblesvirtual lawlibrary

(20) Coordinate other disaster risk reduction and management activities;chanroblesvirtual lawlibrary

(21) Establish linkage/network with other LGUs for disaster risk reduction and emergency response purposes;chanroblesvirtual lawlibrary

(22) Recommend through the LDRRMC the enactment of local ordinances consistent with the requirements of this Act;chanroblesvirtual lawlibrary

(23) Implement policies, approved plans and programs of the LDRRMC consistent with the policies and guidelines laid down in the Act;chanroblesvirtual lawlibrary

(24) Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and Management Operations Center;chanroblesvirtual lawlibrary

(25) 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) for provincial/city level and internal audit for municipal and component city level, copy furnished the regional director of the OCD and the Local Government Operations Officer of the DILG; and

(26) Act on other matters that may be authorized by the LDRRMC.

Section 5. The BDRRMC - It 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 6. Local Ordinance- The local sanggunian concerned shall enact the appropriate ordinance to create the DRRMO including the allocation of necessary staffing/personnel and budget.

Section 7. Information and Public Awareness on Hazards, Vulnerabilities and Risks - Each LGU shall provide an area within its jurisdiction where hazard maps and contingency plans for major hazards are prominently displayed. In addition, information shall also be disseminated through the internet and printed materials such as newsletters, brochures and pamphlets.

Public awareness shall also be undertaken through conduct of drills by the LDRRMO on a regular basis.

Section 8. Linking Local Database with the National Database - The local databases on human resources, equipment, directories and location of critical infrastructures and their capacities, developed and complied by the NDRRMOs shall be linked with the national database maintained by the OCD.

Section 9. Access to Database - The database shall be accessible and available to everyone subject to reasonable restrictions arising from legal and security requirements, if any. Specific information may be obtained provided that a written request is submitted and under the condition that proper citation and reference is made.

RULE 7 - THE OFFICE OF CIVIL DEFENSE

Section 1. Mandate - The Office of Civil Defense (OCD), as the implementing arm of the National Council, 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.

Section 2. The Administrator - 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. The Administrator shall be a universally acknowledged expert in the field of disaster risk reduction management and of proven honesty and integrity.

Section 3. Powers and Functions - The OCD shall have the following powers and functions in partnership and in coordination with member agencies and in consultation with key stakeholders, as maybe applicable.

(a) Advise the National Council on matters relating to disaster risk reduction and management consistent with the policies and scope as defined in these Rules;chanroblesvirtual lawlibrary

(b) Formulate the NDRRMP within six (6) months from the affectivity of these Rules and provide leadership in the implementation of the Plan. It shall ensure that the physical framework, social, economic and environmental plans of communities, cities, municipalities and provinces are consistent with such plan. The Strategic National Action Plan (SNAP) for Disaster Risk Reduction (DRR) adopted through Executive Order No. 888 shall be used as the strategic foundation and building block for the NDRRMP. The National Council shall approve the NDRRMP;chanroblesvirtual lawlibrary

(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;chanroblesvirtual lawlibrary

(d) Develop and ensure the implementation of national standards and standard operating procedures (SOP) 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. These national standards and SOPs shall be developed alongside the NDRRMP;chanroblesvirtual lawlibrary

(e) Review and evaluate the local Disaster Risk Reduction and Management Plans (LDRRMPs), in coordination with concerned agencies and or instrumentalities, to facilitate the integration of disaster risk reduction measures into the local Comprehensive Development Plan (CDP) and Comprehensive Land-Use Plan (CLUP).

(f) Ensure that the LGUs, through the Local Disaster Risk Reduction and Management Offices (LDRRMOs) are properly informed and adhere to the national standards and programs;chanroblesvirtual lawlibrary

(g) Formulate standard operating procedures for the deployment of rapid damage assessment and needs analysis (DANA) teams, information sharing among different government agencies, and coordination before and after disasters at all levels;chanroblesvirtual lawlibrary

(h) Establish an incident command system (ICS) as part of the country’s existing on-scene disaster response system, to ensure effective consequence management of disasters or emergencies;chanroblesvirtual lawlibrary

(i) 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;chanroblesvirtual lawlibrary

(j) Establish Disaster Risk Reduction and Management Training Institutes in such suitable location as may be deemed appropriate, in accordance wherein;chanroblesvirtual lawlibrary

(k) 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;chanroblesvirtual lawlibrary

(l) Ensure that government agencies and LGUs give top priority and take adequate and appropriate measures in disaster risk reduction and management;chanroblesvirtual lawlibrary

(m) 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;chanroblesvirtual lawlibrary

(n) Conduct early recovery and post-disaster needs assessment institutionalizing gender analysis as part of it;chanroblesvirtual lawlibrary

(o) 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;chanroblesvirtual lawlibrary

(p) 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;chanroblesvirtual lawlibrary

(q) 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;chanroblesvirtual lawlibrary

(r) Create the necessary offices to perform its mandate as provided under this Act;chanroblesvirtual lawlibrary

(s) Perform secretariat functions of the National Council; and

(t) Perform such other functions as may be necessary for effective operations and implementation of the Act.

Section 4. Staffing requirements - The Office of Civil Defense, in coordination with the Department of Budget and Management and Civil Service Commission, shall come up with relevant staffing pattern within thirty (30) days from approval of these Rules. The enhanced OCD organization shall be composed of competent and qualified technical personnel of relevant offices as may be deemed necessary to effectively carry out its functions and duties prescribed herein, subject to the approval of the Department of Budget and Management and existing civil service rules and regulations

Section 5. Compliance with Salary Standardization Law - The compensation and emoluments of the officials and employees of OCD shall be in accordance with the Salary Standardization Law and other applicable laws under the National Compensation and Classification Plan.

RULE 8 - NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT TRAINING INSTITUTES

Section 1. Purpose - Pursuant to Section 9 (i) of the RA10121, NDRRM Training Institutes shall be established for the following purposes:

(a) Train public and private individuals, both local and national, in such subject as disaster risk reduction and management, including emergency response, capacity-building programs for the Implementation of Section 14 of this Act;chanroblesvirtual lawlibrary

(b) 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;chanroblesvirtual lawlibrary

(c) Conduct research programs to upgrade knowledge and skills and document best practices on disaster risk reduction and management; and

(d) Conduct periodic awareness and education programs to accommodate new elective officials and members of the LDRRMCs.

Section 2. Training Programs - The OCD may engage the expertise of the other National Council member agencies and other training organizations accredited by the National Council. It shall be inclusive in conducting, designing and developing the training programs, materials and syllabus of the Institute, to ensure that the training programme and resource materials are supportive of the mandated tasks of the NDRRMC.

Section 3. Location - Suitable locations for the establishment of said institutes shall be determined in consultation with concerned stakeholders and with the approval of the National Council.

Section 4. Organizational Structure - The organizational structure of the NDRRM Training Institutes shall be developed by the OCD, subject to the approval of the National Council, in accordance with the existing laws, rules and regulations.

RULE 9 - ACCREDITATION, MOBILIZATION, AND PROTECTION OF DISASTER VOLUNTEERS AND NATIONAL SERVICE RESERVE CORPS, CSOs AND THE PRIVATE SECTOR

Section 1. Accreditation - 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 their 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 Accredited Community Disaster Volunteers (ACDVs), National Service Reserve Corps (NSRC) under RA 9163 or the National Service Training Program Act of 2001, CSOs and the private sector shall be maintained by the OCD through the LDRRMOs. Accreditation of volunteers and issuance of their identification cards shall be done at the municipal or city level.

Section 2. Mobilization - Mobilization of volunteers shall be in accordance with the guidelines to be formulated by the NDRRMC consistent with the provisions of the Act.

Section 3. Capacity Building - Training for volunteers shall form part of the volunteer mobilization activities of the N/R/LDRRMC and the BDC.

Section 5. Insurance for the ACDVs - Any volunteer who incurs death or injury while engaged in any of the activities defined under the Act shall be entitled to compensatory benefits and individual personnel accident insurance. The government agency, CSO, private sector or LGU which mobilizes the ACDVs shall be responsible for providing the latter with insurance and necessary benefits.

Section 6. Guidelines on Mobilization, Accreditation, Capacity-Building and Protection of ACDVs from Various Sectors - The NDRRMC, through the OCD, shall formulate, promulgate and issue within three (3) months from the effectivity of these Rules the guidelines on the mobilization, accreditation, capacity-building and protection of ACDVs from the government agencies, CSOs, private sector and LGUs.

RULE 10 - INTEGRATION OF DISASTER RISK REDUCTION EDUCATION INTO THE SCHOOL CURRICULA AND SANGGUNIANG KABATAAN (SK) PROGRAM AND MANDATORY TRAINING FOR THE PUBLIC SECTOR EM PLOYEES

Section 1. Integration into the school curricula - 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 non-formal, technical-vocational, indigenous learning, and out-of-school youth courses and programs.

Section 2. Community Education and Training - The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs and the SK councils, in coordination with the National Youth Commission (NYC), 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. In the same manner, they shall likewise encourage and involve the community, specifically the youth, in the Disaster Risk Reduction Training �either through actual conduct or as participant to the said training.

Section 3. Education and Training of Employees of the Public Sector -The public sector employees shall be trained in emergency response and preparedness with strong focus on gender responsiveness, sensitivity to indigenous knowledge systems and respect for Human rights. Towards this end, the following guidelines are hereby established to ensure its effective implementation and compliance:

(a) The Civil Service Commission shall issue a directive requiring all heads of government departments and agencies, including government financing Institutions and local government units to conduct training on DRRM for their respective personnel.

(b) A Train-the-Trainers approach shall be adopted for this purpose whereby member agencies of the NDRRMC, including other government agencies and local government units, shall organize and train their respective DRRM Core of Trainers who shall be responsible in cascading the training to their regional/field level and/or LGU staff.

(c) A standard training design and instructional materials on DRRM shall be developed by the DRRM Training Institute in accordance with Rule 8, section l(b) of these Rules and shall be implemented by the CSC.

(d) Members of the National Council which already conduct specialty and highly technical skill courses may continue with the conduct of said training programs.

RULE 11 - COORDINATION DURING EMERGENCIES

Section 1. Lead Agency during emergency - 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 SDC, if a barangay is affected;chanroblesvirtual lawlibrary

(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 organizations shall work in accordance with the coordination mechanism and policies set by the NDRRMC and concerned LDRRMCs.

Section 2. The National Disaster Risk Reduction and Management Operations Center (NDRRMOC) - The present NDCC Operations Center based in Camp General Emilio Aguinaldo shall henceforth be known as the National Disaster Risk Reduction and Management Operations Center or the NDRRMOC, which shall serve as the Operating Facility of the NDRRMC. It shall be operated and maintained on a twenty-four (24) hour basis by OCD staff during normal situation to be complemented by NDRRMC member agency representatives whenever blue and red alert status are raised or as may be determined by the National Council through OCD.

Section 3. The NDRRMOC Core Functions - The NDRRMOC shall serve as the nerve center for alert and monitoring, multi-agency and multi-level operational coordination, response and resource mobilization and information management. To carry out its core functions, the Center shall utilize support systems such as early warning and emergency broadcast system, geographic information system and other space-based technologies, incident command system, rapid damage assessment’ and needs analysis, emergency logistics management, public-private partnerships for emergency response, and humanitarian assistance coordination mechanism.

Section 4. Sovereignty and Territorial Integrity - The sovereignty and territorial integrity of the State shall be respected at all times. In this context, the Philippines shall have the primary responsibility to respond to disasters, occurring within its territory and external assistance and offers of assistance shall only be provided upon its request or consent.

RULE 12 - DECLARATION OF STATE OF CALAMITY

Section 1. Declaration and Lifting of State of Calamity by the President - 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.

Section 2. Declaration and lifting of State of Calamity by the Local Sanggunian - 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 3. Criteria in Recommending the Declaration and Lifting of a State of Calamity - The National Council shall determine the criteria for the declaration and lifting of a state of calamity, including epidemics.

RULE 13 - REMEDIAL MEASURES

Section 1. Mandatory 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 the 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;chanroblesvirtual lawlibrary

(b) Monitoring, prevention and control by the Local Price Coordination Council of overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;chanroblesvirtual lawlibrary

(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.

RULE 14 - MECHANISM FOR INTERNATIONAL HUMANITARIAN ASSISTANCE

Section 1. Request for International Assistance - A call for international assistance may be issued by the President of the Philippines upon the recommendation of the Chairman, NDRRMC, depending on the scope, magnitude of damage or implications of the adverse effects of the disaster. As Party to the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), the request for assistance may be sent directly to other ASEAN Member States or through the ASEAN Humanitarian Assistance (AHA) Centre in Jakarta, Indonesia. It may also request assistance from other entities where appropriate.

For purposes of ensuring a concerted effort abroad, the Department of Foreign Affairs, "through the embassies or consulates of the Philippines, may facilitate the call for international, assistance and closely coordinate with the NDRRMC for this purpose.

Section 2. Request for assistance by the LDRRMC - The LDRRMCs may directly submit or request for assistance abroad in accordance with the Section 23 of the Local Government Code of 1991.

Section 3. Authorized importation and donation - 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

Any importation and donation intended for the operation of the NDRRMC and its member agencies shall be treated as importations by and/or donations to the NDRRMC, subject to the rules and regulations of the Tariff and Customs Code or special facilities created by the Office of the President for the purpose. Payment of duties and taxes by concerned member agencies, if any, shall be subject to deferred payment scheme.

Foreign donations and importations for humanitarian assistance and disaster relief shall also be guided with the International Disaster Response Law (IDRL) and other related guidelines, as may be deemed appropriate.

RULE 15- INVENTORY AND MONITORING OF ALL RELIEF GOODS

Section 1. Inventory and Monitoring of All Relief Goods - The National Council shall provide for the guidelines on the inventory and disposition and utilization and monitoring of all relief goods, including donations, within a reasonable period, in order to ensure the proper disposition and use thereof.

RULE 16 - PROHIBITED ACTS

Section 1. 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 the Act and Rule 17 hereunder:

(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and misuse of funds;chanroblesvirtual lawlibrary

(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including appropriate technology such as Geographic Information System, Information and Communication Technology Database/System Management for Relief Inventory; System for Management of the Dead/Casualty and the like, tools, equipment, accessories, disaster teams/experts;chanroblesvirtual lawlibrary

(c) Buying, for consumption or resale, from disaster relief agencies such as the DSWD, NFA, PRC, International Committee of the Red Cross (ICRC), World Food Program (WFP) and other such private organizations, any relief goods, "equipment or other aid commodities which are intended for distribution to disaster affected communities;chanroblesvirtual lawlibrary

(d) Buying, for consumption or resale, from the recipient disaster affected persons any relief goods, equipment or other aid commodities received by them;chanroblesvirtual lawlibrary

(e) Selling of relief goods, equipment or other aid commodities which are intended for distribution to disaster victims;chanroblesvirtual lawlibrary

(f) Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned to a specific group of victims or relief agency;chanroblesvirtual lawlibrary

(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than the rightful recipient or consignee;chanroblesvirtual lawlibrary

(h) Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not intended for nor consigned to him/her;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(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;chanroblesvirtual lawlibrary

(3) Making false verbal claim that the goods, equipment or other aid commodity in its untampered original containers actually came from another agency or persons or was released upon the instance of a particular agency or persons;chanroblesvirtual lawlibrary

(4) Substituting or replacing relief goods, equipment or other aid commodities with the same items or inferior/cheaper quality.

(j) Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC;chanroblesvirtual lawlibrary

(k) Deliberate use of false or inflated data in support of the request for funding, relief goods, equipment or other aid commodities for emergency assistance or livelihood projects; and

(l) Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia.

RULE 17 - PENAL CLAUSE

Section 1. Penalty, Fines - Any individual, corporation, partnership, association, or other juridical entity that commits any of the prohibited acts provided for in Section 19 of the 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 not 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.

Section 2. Who are liable - 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 the Act, be deported without further proceedings after service of the sentence.

Section 3. Other liabilities - The prosecution for offenses set forth in Section 19 of the Act shall be without prejudice to any liability for violation of Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, as well as any other special penal law enacted by Congress, & shall be without prejudice to other civil liabilities.

RULE 18 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT FUND

Section 1. Utilization of the 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, for the payment of premiums on calamity insurance and construction of evacuation centers. 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.

Section 2. Quick Response Fund - 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.

Section 3. Special Trust Fund- 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 made available for other social services to be identified by the local sanggunian.

Section 4. Guidelines on Fund tracking and utilization of funds - Guidelines on Fund tracking and utilization of the LDRRMF shall be in accordance with existing auditing and accounting guidelines on public funds, local government code and other applicable laws.

Section 5. Public Disclosure of Fund Utilization - The LDRRMCs shall make public its reports on the utilization of the LDRRMF by publication and posting thereof in a conspicuous place, including websites, if any, of the LGU/LDRRMO. The reports of the LDRRM�s on the utilization of the LDRRMF shall be available to the public.

RULE 19 - NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT FUND

Section 1. Utilization of the NDRRM Fund - 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.

Section 2. Amount - 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.

Section 3. Quick Response Fund - Of the amount appropriated for the NDRRM Fund, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) to the agencies identified by the NDRRMC.

Section 4. Accounting - 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.

Section 5. Funding for DRRM Projects - 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.

RULE 20 - FUNDING OF THE OCD

Section 1. Budget - As lead agency to carry out the provisions of the 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, which shall be taken from sources to be identified by the National Council. Thereafter, the fund necessary to carry out the provisions of this law shall be included in the General Appropriations Act.

RULE 21- ANNUAL REPORT

Section 1. Deadline for the 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 2. Inputs of other agencies to the annual report - Within the month of January of the succeeding year and every January thereafter, all member agencies shall submit to the OCD, as Secretariat of the NDRRMC, their respective annual reports for purposes of consolidation and analysis. These annual reports shall in turn be submitted by the OCD to the Chairperson, NDRRMC.

RULE 22 - CONGRESSIONAL OVERSIGHT COMMITTEE

Section 1. Functions - The Congressional Oversight Committee created and composed under section 26 of the Act shall monitor and oversee the implementation of the provisions thereof.

The National Council may submit proposed remedial legislation to the Congressional Oversight Committee.

Section 2. Period for Review - Within five (5) years after the effectivity of the Act, or as the need arises, the Congressional Oversight Committee shall conduct a sunset review. For purposes of these Rules, the term "sunset review" shall mean a systematic evaluation by the Congressional Oversight Committee of the accomplishments and impact of the Act, as well as the performance and organizational structure of its implementing agencies, for purposes of determining remedial legislation.

RULE 23 - TRANSITORY PROVISION

Section 1. Existing Practices, Guidelines - Pending the development and approval of the necessary guidelines cited in the Act and these Rules, i.e., accreditation of volunteers, etc., within the period specified herein, existing practice and procedures shall be maintained.

RULE 24 - SEPARABILITY CLAUSE

Section 1. Validity of provisions - If any provision of these Rules shall be held unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

RULE 2S - AMENDATORY CLAUSE

Section 1. Amendment - The National Council, through its Chairperson, may cause the amendment of these Implementing Rules and Regulations, as the need arises.

RULE 26 - EFFECTIVITY CLAUSE

Section 1. Publication - These Rules shall take effect fifteen (15) days following the complete publication thereof in a newspaper of general circulation.

September 27, 2010

(Signed)
VOLTAIRE T. GAZMIN
Secretary of National Defense and Chairperson
National Disaster Risk Reduction and Management Council