Title
BFP Modernization Act - RA 11589
Law
Republic Act No. 11589
Decision Date
Sep 10, 2021
The Philippine Jurisprudence case involves the enactment of Republic Act No. 11589, which aims to strengthen and modernize the Bureau of Fire Protection (BFP) by granting powers and functions, establishing a modernization program, and creating a trust fund, while also implementing a sunset review process and collaboration with relevant agencies for the development of implementing rules and regulations.

Powers and Functions of the BFP

  • BFP’s mandate includes prevention and suppression of fires in buildings, economic zones, forests, vehicles, ships, petroleum installations, and airports.
  • Collaboration with Local Government Units (LGUs) on fire protection, disaster preparedness, and response operations.
  • Responsibilities extend to responding to natural/man-made disasters, rescue operations, medical emergencies, and handling hazardous (HAZMAT/CBRNE) materials.
  • Enforcement includes issuing regulations, fees, penalties related to the Fire Code of the Philippines.
  • Requires building owners to submit plans for fire safety evaluation as prerequisite for building permits.
  • Investigates causes of fire and files complaints as necessary.
  • Maintains regional offices for policy implementation and coordination.
  • Establishes fire laboratories and research facilities across Luzon, Visayas, and Mindanao.
  • Conducts training for personnel, volunteers, and fire safety practitioners in coordination with LGUs.
  • Implements monthly fire prevention campaigns with various government departments and economic zones.
  • Develops a comprehensive fire safety program to build community resilience and empower volunteer brigades.
  • Authority to enter into contracts and request assistance from other government agencies.
  • Additional functions may be assigned by the President or the Secretary of the DILG.

BFP Modernization Program

  • Created in coordination with the DILG aimed at enhancing personnel capabilities and acquiring modern firefighting and rescue equipment.
  • Components include:
    • Establishment of fire protection services and rescue hotlines prioritizing underserved municipalities.
    • Organizational restructuring to create a modern, efficient firefighting force with updated qualifications.
    • Upgrading of equipment, vehicles, and protective gear, synchronizing new acquisitions with the phase-out of obsolete assets.
    • Development of specialized services such as high-rise fires, forest fires, aircraft/airport fires, chemical fires, rescue, investigation, and security units.
    • Establishment of Search and Rescue, HAZMAT, Fire Investigation, Security and Protection units with specified personnel requirements and equipment.
    • Comprehensive human resource development including mandatory training, promotion of volunteerism, and coordination with DOH and TESDA for EMS training.

Submission and Oversight of the Modernization Program

  • Within 180 days, BFP, with DILG, DBM, and DOF, must submit a detailed modernization program to Congress.
  • The program must outline personnel, equipment inventory, projects, priorities, schedules, and funding requirements.
  • Annual reports on the program’s progress to be submitted to the Office of the President and Congress.
  • The BFP may enter into multi-year contracts with approval from the President, adhering to government procurement rules, and must report contracts to Congress.

BFP Modernization Trust Fund

  • Establishes a trust fund administered by the BFP Chief for modernization program expenses excluding personnel salaries.
  • Fund sources include appropriations, eighty percent of taxes/fees/fines from the Fire Code, proceeds from asset disposal, authorized budget surpluses, loans, grants, and interest.
  • Fund releases are exempt from spending ceilings imposed by the Department of Budget and Management (DBM).

Local Government Units (LGUs) Role and Funding

  • LGUs authorized to use their shares of fire-related taxes, fees, and fines for:
    • Operation and maintenance of local fire stations.
    • Construction and improvement of fire facilities.
    • Acquisition of land, firefighting equipment, protective gear, and tools.
    • Other programs aligning with the BFP modernization components.
  • LGU development programs complementing the BFP modernization can be charged to their local development funds.
  • Such programs must be part of local development and investment plans.

Implementation Period and Procedures

  • The modernization program is to be implemented over a ten-year period.
  • Payment obligations for multi-year contracts may extend beyond this period.
  • Strict enforcement of the Ease of Doing Business Act ensures efficient processing of fire safety permits.
  • Fire safety inspection certificates are exempted for certain professional and small-scale business categories.

Congressional Oversight Committee

  • Creation of a Joint Congressional Oversight Committee composed of equal senators and representatives.
  • Committee duties include monitoring, hearings, requiring testimonies and documents, and conducting a sunset review of the Act within five years.
  • The sunset review assesses the law’s impact, agency performance, and the need for remedial legislation.

Appropriations and Funding

  • Funding for the Act’s implementation sourced mainly from the BFP Modernization Trust Fund.
  • Annual appropriations must support all modernization projects and be included in the General Appropriations Act under the BFP.

Final Provisions

  • The DILG and BFP shall promulgate implementing rules within ninety days from the Act’s effectivity.
  • Contains separability clause ensuring unaffected provisions remain valid if parts are declared unconstitutional.
  • Repeals or amends inconsistent laws, especially sections of Republic Acts No. 6975 and 9514.
  • Effectivity set fifteen days after publication in the Official Gazette or a newspaper of general circulation.

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