Title
Supreme Court
IRR of RA 10121 on Disaster Risk Reduction
Law
Ocd
Decision Date
Sep 27, 2010
The Implementing Rules and Regulations of the Philippine Disaster Risk Reduction and Management Act of 2010 outlines provisions for the management and utilization of disaster risk reduction funds, including the establishment of a special trust fund, guidelines for fund tracking and utilization, public disclosure of fund utilization, and the allocation of funds for quick response and DRRM projects.

Law Summary

Declaration of Policy

  • Uphold people's constitutional rights to life and property by addressing disaster vulnerabilities and strengthening institutional capacity.
  • Adhere to international humanitarian norms such as the Universal Declaration of Human Rights and conventions on women and children.
  • Integrate disaster risk management into sustainable development and poverty reduction strategies.
  • Adopt a holistic, comprehensive, and proactive approach involving all sectors, especially local communities.
  • Develop and implement a National Disaster Risk Reduction and Management Plan (NDRRMP).
  • Promote good governance principles including transparency and accountability.
  • Mainstream disaster risk reduction and climate change adaptation in development processes and public infrastructure.
  • Institutionalize policies, structures, mechanisms, and budget allocation for disaster risk reduction from national to local levels.
  • Integrate disaster risk reduction into peace and conflict resolution processes.
  • Ensure gender responsiveness, respect for indigenous knowledge, and human rights.
  • Recognize local risk patterns and decentralized capacities of LGUs and communities.
  • Engage civil society organizations (CSOs), private sector, volunteers, and vulnerable groups in disaster risk reduction.
  • Provide care, assistance, and emergency rehabilitation to disaster-affected individuals and communities.

Scope of Application

  • Covers development of policies, plans, and implementation of disaster risk reduction and management actions.
  • Applies to all levels of government, civil society, private sectors, and other stakeholders.

Definitions

  • Key terms defined include Adaptation, Capacity, Civil Defense, Civil Society Organizations, Climate Change, Community-Based DRRM, Complex Emergencies, Contingency Planning, Disaster, Disaster Mitigation, Disaster Preparedness, Disaster Prevention, Disaster Response, Disaster Risk, Disaster Risk Reduction, Disaster Risk Reduction and Management, Early Recovery, Early Warning System, Emergency Management, Hazard, Internally Displaced Persons, Land-Use Planning, Mitigation, National Disaster Risk Reduction and Management Framework/Plan, Post-Disaster Recovery, Preparedness, Private Sector, Public Sector Employees, Rehabilitation, Resilience, Response, Risk, Risk Assessment, Risk Management, Risk Transfer, State of Calamity, Sustainable Development, Volunteer, Vulnerability, Vulnerable and Marginalized Groups.

National Disaster Risk Reduction and Management Council (NDRRMC)

  • The NDCC is renamed as NDRRMC.
  • Chaired by Secretary of National Defense with Vice-Chairs from DILG, DSWD, DOST, and NEDA.
  • Members include various Cabinet Secretaries, agency heads, local government league presidents, CSOs, private sector, and OCD Administrator.
  • Functions: develop NDRRM Framework and Plan; advise the President; coordinate multi-stakeholder participation; establish early warning and emergency alert systems; develop risk transfer mechanisms; oversee law enforcement; manage disaster funds; coordinate international disaster treaties; and oversee capability building and research.
  • Chairperson can call on government and non-government entities and the reserve force for assistance.
  • Member agencies formulate their own DRRM plans, establish Emergency Operations Centers (EOCs), and designate focal officers.
  • Meets quarterly, special meetings as needed.

Regional Disaster Risk Reduction and Management Councils (RDRRMCs)

  • Regional Disaster Coordinating Councils renamed as RDRRMCs.
  • Chaired by Regional Director of OCD with Vice-Chairs from regional DSWD, DILG, DOST, and NEDA.
  • Composed of regional government agency executives.
  • Functions: coordination, supervision, monitoring within jurisdiction; ensure risk-sensitive regional development; convene agencies during emergencies; establish technical working groups; may tap resources.
  • Meet quarterly; OCD regional offices serve as secretariat.
  • Must set up Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC) operating 24/7.
  • Special provisions for Metro Manila and ARMM with designated chairs and vice chairs.

Local Disaster Risk Reduction and Management Councils (LDRRMCs)

  • Provincial, City, and Municipal Disaster Coordinating Councils renamed LDRRMCs; Barangay Development Councils assume functions of Barangay Disaster Coordinating Councils.
  • Composed of Local Chief Executive as Chair, heads of local offices (Planning, Social Welfare, Health, Agriculture, Engineering, etc.), law enforcement, Red Cross, CSO and private sector representatives.
  • Encouraged to include DILG, DENR, Coast Guard, and Sanggunian reps.
  • Criteria and accreditation for CSO and private sector participation guided by National Council.
  • Functions: approve and monitor LDRRMP implementation; integrate disaster risk reduction into development plans and budgets; recommend evacuation; convene council.
  • Meet quarterly; LDRRMO acts as secretariat.

Local Disaster Risk Reduction and Management Office (LDRRMO)

  • Established in every province, city, and municipality under the respective local chief executives, and Barangay Disaster Risk Reduction and Management Committees under Barangay Captains.
  • Composed initially of DRRM Officer assisted by 3 staff for administration/training, research/planning, and operations/warning.
  • DRRM Officer must be civil service eligible with civil defense/DRM experience.
  • Functions include strategic program direction, coordination, risk assessment, public awareness, early warning operation, plan formulation, resource mobilization, emergency response, training, maintaining databases, partnerships, and ordinance recommendations.
  • Barangay Committees under BDCs incorporating CSO reps representing vulnerable groups.
  • Local government units to enact ordinances creating DRRMO, allocating personnel and budgets.
  • LGUs must display hazard information publicly and link local databases with national systems.
  • Database access regulated with reasonable restrictions.

Office of Civil Defense (OCD)

  • Implementing arm of the National Council tasked to lead comprehensive civil defense and disaster risk reduction.
  • Administrator serves as Executive Director of NDRRMC with undersecretary rank, required to be expert and of integrity.
  • Powers include advising the National Council, formulating the NDRRMP, hazard identification, setting national standards and SOPs for DRRM, reviewing local plans, ensuring adherence by LGUs, establishing incident command systems, communication SOPs, training institutes, and facilitating international cooperation.
  • OCD responsible for secretariat functions.
  • Staffing pattern to be approved by DBM and CSC.
  • Compensation subject to Salary Standardization Law.

National Disaster Risk Reduction and Management Training Institutes

  • Established to train individuals in DRRM, consolidate training materials, conduct research, and promote awareness.
  • OCD may engage training expertise from other agencies.
  • Locations approved by National Council.
  • Organizational structure developed by OCD subject to National Council approval.

Accreditation, Mobilization, and Protection of Volunteers, CSOs, and Private Sector

  • Government agencies, CSOs, private sector, and LGUs may mobilize volunteers to augment personnel for DRRM.
  • Volunteers accredited through OCD via LDRRMOs; list maintained national roster.
  • Mobilization governed by guidelines from NDRRMC.
  • Volunteers are entitled to insurance and benefits if injured or killed during duties.
  • NDRRMC to promulgate guidelines on volunteer management within 3 months of these Rules' effectivity.

Integration of Disaster Risk Reduction Education

  • DRRM education integrated into secondary and tertiary school curricula and National Service Training Program.
  • Community and youth participation encouraged, including in SK programs.
  • Public sector employees required to undergo DRRM training following Civil Service Commission directives.
  • Train-the-Trainers approach adopted; standard training materials developed by DRRM Training Institutes.

Coordination During Emergencies

  • LDRRMCs lead disaster management based on affected area scale: Barangay (BDC), City/Municipality, Province, Region, National.
  • NDRRMC and other councils support LGUs as primary responders.
  • National Disaster Risk Reduction and Management Operations Center (NDRRMOC) serves as 24/7 nerve center for coordination.
  • Sovereignty and territorial integrity respected; international assistance only upon request.

Declaration of State of Calamity

  • National Council recommends to President declaration or lifting of state of calamity based on criteria.
  • Local sanggunian may issue declaration and lifting based on damage assessment and needs.

Remedial Measures

  • Declaration triggers mandatory actions: price ceilings on necessities, monitoring of profiteering and hoarding, fund reprogramming for infrastructure repair, no-interest loans for affected populations.

Mechanism for International Humanitarian Assistance

  • President may request international assistance via ASEAN mechanisms or other entities.
  • LDRRMCs may request assistance abroad per Local Government Code.
  • Importation and donation of relief goods authorized with tax and duty exemptions under existing laws.

Inventory and Monitoring of Relief Goods

  • National Council sets guidelines for inventory, disposition, and monitoring of relief goods and donations to ensure proper use.

Prohibited Acts and Penalties

  • Acts such as dereliction of duty, obstruction of relief distribution, profiteering, misappropriation, false claims, illegal solicitation, and tampering with equipment are prohibited.
  • Penalties range from fines (Php50,000 to Php500,000), imprisonment (6-12 years), perpetual disqualification from public office, and confiscation of instruments.
  • Liability attaches to responsible officers in entities; aliens subject to deportation.
  • Prosecution without prejudice to other criminal or civil liabilities.

Disaster Risk Reduction and Management Funds

  • Local Disaster Risk Reduction and Management Fun
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