Legal basis under RA No. 10121
- Republic Act No. 10121 or the “Philippine Disaster Risk Reduction and Management Act of 2010” provides the legal basis for declaring a state of calamity.
- Section 16, in relation to Section 6(c) of Republic Act No. 10121, authorizes the process for recommending and declaring a state of calamity.
- The National Disaster Risk Reduction and Management Council (NDRRMC) recommends the declaration of a state of calamity through a council resolution.
- NDRRMC Resolution No. 14 (s. 2022) recommended to the President the declaration of a state of calamity due to Severe Tropical Storm Paeng.
Purpose and policy of calamity declaration
- The declaration addresses the severe impacts of Severe Tropical Storm Paeng (international name: Nalgae) occurring from 26 to 29 October 2022.
- The declaration is intended to hasten rescue, recovery, relief, and rehabilitation efforts of the government and the private sector.
- The declaration is intended to effectively control the prices of basic necessities and prime commodities.
- The declaration is intended to provide the National Government and local government units (LGUs) ample latitude to use appropriate funds for rescue, recovery, relief, rehabilitation, and continuous delivery of basic services in accordance with law.
Geographic coverage of declared calamity
- The declaration covers Regions IV-A (CALABARZON), V (Bicol Region), and VI (Western Visayas).
- The declaration covers the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
- The state of calamity is tied to damage and adverse effects caused by Severe Tropical Storm Paeng in the covered areas.
Extent of government obligations
- All government departments, agencies, and instrumentalities must continue implementing and executing rescue, recovery, relief, and rehabilitation measures in line with pertinent operational plans and directives.
- All departments and other concerned government agencies must coordinate with LGUs to provide or augment the basic services and facilities of affected areas.
- Law enforcement agencies, with support from the Armed Forces of the Philippines, must undertake all necessary measures to ensure peace and order in affected areas.
Duration, lift, and possible expansion
- The State of Calamity remains in force for six (6) months unless earlier lifted by the President.
- The President may include other areas in the declaration if warranted.
- Expansion must consider continuing damage assessment in affected areas.
- Expansion must be based on the recommendation of the NDRRMC and the conditions provided by law and issuances.
Named event triggering declaration
- The calamity is declared because of Severe Tropical Storm Paeng.
- Severe Tropical Storm Paeng has the international name Nalgae.
- The proclamation links the disaster effects to the storm’s occurrence from 26 to 29 October 2022.
- The proclamation recognizes that the storm caused loss of lives, destruction of property, damage to agriculture and critical infrastructures, and disruption of means of livelihood and normal way of life of affected populations.