QuestionsQuestions (Act No. 3538)
RA No. 7637 is titled the “Mt. Pinatubo Assistance, Resettlement and Development Fund.”
To assist victims of the Mt. Pinatubo eruption and its after effects through aid, relief, resettlement, rehabilitation, livelihood services, and infrastructure support so that life returns to normalcy and Central Luzon’s development is accelerated. It also aims to restore Aetas and other cultural communities to productive pre-eruption conditions via suitable permanent upland abodes.
Victims include: (1) individuals who died or disappeared due to the eruption; (2) individuals who were displaced, sustained injury, or suffered death in the family who need and deserve assistance; and (3) individuals whose homes were destroyed or threatened to be destroyed/uninhabitable and those who lost livelihood permanently as a direct result who need and deserve assistance.
Funds shall be allocated in the first year for such equipment in an amount not to exceed Fifty Million Pesos (P50,000,000).
No money shall be released without any identified program and project, and it shall not be used to pay obligations incurred before the approval of the Act.
The Act appropriates Ten Billion Pesos (P10,000,000,000) for aid, relief, resettlement, rehabilitation and livelihood services, and infrastructure support for Mt. Pinatubo victims, including vital infrastructure.
From approval to Dec. 31, 1993: P6.5B, with at least P5B for resettlement and livelihood projects and P1.5B for vital infrastructure. For 1994: P2B. For 1995: P1.5B. Undisbursed amounts at year-end carry over to the succeeding year.
It created the Mt. Pinatubo Assistance, Resettlement and Development Commission (the Commission). It must be organized within 30 days after approval and has a term of six years from organization, extendable once by presidential proclamation within specified timing for up to three years.
For administrative purposes, the Commission is attached to the Office of the President.
The Commission can formulate policies and plans; determine lahar diversion areas; prioritize and coordinate implementation; sue and be sued and use a seal; enter into necessary contracts; receive grants and donations; monitor progress; coordinate with national and local officials and NGOs; call upon government agencies for assistance; and perform other necessary functions.
The Commission has 11 members appointed by the President: 4 from the Cabinet, 3 from the private sector, the Executive Director, and the Chairmen of the BCDA, Subic Metropolitan Bay Authority, and Clark Development Authority as ex officio members. The President designates the Chairman.
The Executive Director is a professional manager appointed by the President. He coordinates government activities for planning and implementation; monitors and evaluates agency execution and submits periodic reports; and performs other functions inherently necessary for operational management consistent with Commission policies.
Infrastructure: undertaken by concerned government agencies via public bidding, administration, or negotiated contracts (only with duly prequalified and duly licensed contractors as of approval of the Act), following accounting/auditing rules; labor-based technology should be used when suitable. Individual beneficiaries’ services: the Commission may seek assistance of the Philippine National Red Cross and other relief agencies/volunteer organizations with proven record.
Residents in affected areas, especially victims, shall be given preference in hiring or employment in construction/repair/reconstruction of government infrastructure and other labor requirements in other projects.
It must submit to the President and Congress a detailed quarterly report indicating amounts released, obligated, and disbursed for: (1) aid, relief, resettlement, rehabilitation, livelihood services including lists of approved individual beneficiaries and contractors and evaluation of delivery effectiveness; and (2) infrastructure projects including lists of contractors and projects, accomplishments, and percent completion. It must also disseminate in the community the lists of beneficiaries and contractors, and include a list of local and foreign donors and nature of donations.
A Joint Congressional Oversight Committee composed of 5 senators and 5 representatives appointed by the Senate President and Speaker, co-chaired by designated senator and representative. Its mandate does not prejudice existing oversight committees’ duties.
An officer or employee of the Commission cannot be a candidate for public office for the election next following his resignation or separation. The prohibition does not apply to the Chairman and members of the Commission.
Acts include taking advantage of calamity by buying/selling relief goods meant for donation knowing they are for donation, misrepresenting the source of relief goods, or submitting/approving false or inflated claims. Upon conviction: fine of not less than P50,000 nor more than P1,000,000 and/or imprisonment of not less than 6 years nor more than 15 years (discretion of court), including perpetual disqualification from public office if a public officer, confiscation/forfeiture of prohibited interest, and if offender is a juridical entity, penalties are imposed on responsible officers; if an officer is an alien, deportation after service of sentence without further proceedings.
It takes effect upon publication in at least two (2) national newspapers of general circulation.