Title
Philippine Disaster Risk Reduction Act
Law
Republic Act No. 10121
Decision Date
May 27, 2010
The Philippine Jurisprudence case highlights the Philippine Disaster Risk Reduction and Management Act of 2010, which aims to strengthen the country's capacity for disaster risk reduction and management, involving all sectors and stakeholders, and emphasizing the need for gender-responsive and rights-based approaches, as well as the establishment of various councils and offices at different levels to coordinate and implement disaster risk management programs.

Questions (Republic Act No. 9211)

RA 10121 declares that the State shall uphold constitutional rights to life and property by addressing root causes of disaster vulnerabilities, strengthen institutional capacity, build community resilience (including climate change impacts), adopt universal humanitarian norms, mainstream disaster risk reduction and climate change in development and governance, and institutionalize disaster risk reduction and management plans and continuing budget support at national and local levels.

“Disaster Risk Reduction” is the concept and practice of reducing disaster risks through systematic efforts to analyze and manage causal factors (reduced exposure, reduced vulnerability, wise land/environment management, improved preparedness). “Disaster Risk Reduction and Management” is the systematic process of using administrative directives, organizations, and operational skills to implement strategies and improve coping capacities, including prospective actions to avoid new or increased risks.

It necessarily comprises: (1) knowledge of the risks; (2) monitoring, analysis and forecasting of hazards; (3) communication/dissemination of alerts and warnings; and (4) local capabilities to respond to the warnings received (end-to-end from detection to community response).

The NDCC is renamed as the National Disaster Risk Reduction and Management Council (NDRRMC). It is chaired by the Secretary of the DND, with vice chairpersons from DILG (Disaster Preparedness), DSWD (Disaster Response), DOST (Disaster Prevention and Mitigation), and NEDA (Disaster Rehabilitation and Recovery), plus other member-agencies listed in Section 5 including OCD Administrator as member.

Examples include: developing the NDRRMF; ensuring NDRRMP consistency with the NDRRMF; advising the President on disaster preparedness/status and recommending declaration of state of calamity; establishing early warning/emergency alert systems; managing/mobilizing resources including the NDRRM Fund; monitoring enforcement of DRRM-related standards and laws; developing risk maps and information systems; and coordinating national treaty obligations on disaster management.

The Chairperson may call on other government and non-government/civic entities for assistance using their facilities and resources for protection and preservation of life and property. It includes authority to call on the reserve force under RA 7077 to assist in relief and rescue.

The OCD’s primary mission is administering a comprehensive national civil defense and disaster risk reduction and management program by providing leadership in continuous development of strategic and systematic approaches/measures to reduce vulnerabilities and risks and manage disaster consequences.

It advises the NDRRMC; formulates and implements the NDRRMP; identifies/assesses/prioritizes hazards and risks; develops/ensures implementation of national standards for DRRM (preparedness, mitigation, prevention, response, rehabilitation); reviews LDRRMPs for integration into local development/land-use plans; and establishes SOPs and training institutes for DRRM.

Existing Regional Disaster Coordinating Councils are renamed as RDRRMCs. They coordinate, integrate, supervise, and evaluate LDRRMC activities, ensure disaster-sensitive regional development plans, and convene relevant agencies during emergencies. They may establish a Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC) when necessary.

Barangay Disaster Coordinating Councils cease to exist and their powers/functions are assumed by the existing Barangay Development Councils (BDCs), which serve as the LDRRMCs in every barangay.

The LDRRMC includes local chief executives, local planning and development officer, head of LDRRMO, heads of social welfare, health, agriculture, gender and development, engineering, veterinary, budget offices, DepEd division/schools superintendent, AFP and PNP representatives, BFP fire marshal, ABC president, PNRC, accredited CSO representatives, and a private sector representative. A key function is to approve/monitor/evaluate implementation of LDRRMPs and to regularly review and test the plan consistent with other planning programs.

It provides direction, development, implementation, and coordination of DRRM programs within province/city/municipality jurisdiction. It designs/programs/coordinates DRRM activities, facilitates local risk assessments and contingency planning, operates a multi-hazard early warning system, formulates and implements the LDRRMP in coordination with local development councils, prepares annual plans/budgets, and coordinates DRRM response and recovery.

LDRRMCs take the lead based on affected area: BDC for barangay; city/municipal DRRMC for 2+ barangays; provincial DRRMC for 2+ cities/municipalities; regional DRRMC for 2+ provinces; and NDRRMC for 2+ regions. Higher levels (NDRRMC and intermediary LDRRMCs) support LGUs, which remain first disaster responders.

Upon recommendation of the NDRRMC, the President may declare a cluster under state of calamity (or lifting thereof). Declaration makes mandatory certain remedial measures by member-agencies, such as price ceiling actions, monitoring anti-hoarding/overpricing, programming/reprogramming funds for repair/safety upgrading, and granting no-interest loans through government financing/lending institutions via cooperatives or people's organizations to the most affected.

Prohibited acts include dereliction leading to destruction/loss of lives/misuse of funds; preventing entry/distribution of relief goods; buying/selling/diverting relief goods improperly; forcible seizure; tampering with/stealing hazard monitoring and disaster preparedness equipment; and deliberate use of false or inflated data for requests. Upon conviction, penalties include a fine from PHP 50,000 to PHP 500,000 and imprisonment from 6 years and 1 day to 12 years (or both), with additional consequences such as perpetual disqualification for public officers and confiscation/forfeiture.

LDRRMF: at least 5% of estimated regular revenues set aside for DRRM activities; 30% allocated as Quick Response Fund for relief/recovery; unexpended amounts accrue to a special trust fund for DRRM for 5 years then revert to the general fund. NDRRM Fund: based on appropriations under annual GAA (formerly Calamity Fund), used for DRRM/mitigation/prevention/preparedness and can also be used for relief/recovery/reconstruction connected with calamities during the year or occurred in the past two years from the budget year; 30% as QRF; monthly utilization statements to the NDRRMC.

DepED/CHED/TESDA and others, in coordination with OCD, must integrate DRRM education into curricula of secondary and tertiary levels, NSTP, both formal and nonformal including technical-vocational and out-of-school youth courses. The public sector employees must be trained in emergency response and preparedness (mandatory under the Act).


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