Legal basis and policy intent
- Section 455(b)(vii) of Republic Act No. 7160 mandates the City Mayor to carry emergency measures necessary during and in the after-math of man-made and natural disasters.
- Republic Act No. 10121 declares a state policy to recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters.
- The ordinance is enacted as a valid exercise of the Sanggunian’s authority to enact ordinances for the general welfare of the city and its inhabitants under Republic Act No. 7160 (including Section 458 in relation to Section 16).
Definitions for forced evacuation
- “Disaster” means the result of a natural or man-made event causing loss of life, injury, and property damage, including natural disasters (e.g., hurricane, llamado/tornado, storm, flood, high winds, and other weather-related events) and man-made disasters (e.g., nuclear power plant incidents, hazardous materials incidents, oil spills, explosions, civil disturbances, public calamity, acts of terrorism, hostile military action, and other related events).
- “Imminent danger” means an immediate threat of harm.
- “Designated Area” means barangay halls or outposts as pick-up points.
- “Evacuation” means the operation whereby all or part of a population is temporarily relocated—individually or in an organized manner—from an area where a disaster or emergency has been declared and is considered dangerous for public health or safety.
- “Evacuation Sites/Centers” means all public elementary and high school buildings, sports facilities (such as covered courts and auditoriums), barangay halls, and other public or private facilities.
- “Forced evacuation” means an evacuation ordered as a resort when a disaster or emergency has been declared, danger of loss of life is imminent, and conditions critically imperil or endanger lives in a defined area.
- “Response Team” means any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervention before, during, or immediately after a disaster to meet life preservation and basic subsistence needs and to restore public activities and facilities.
- “Vulnerable or Marginal Groups” means individuals or groups with higher exposure to disaster risk and poverty, including women (especially pregnant women), youth, children (especially orphans and unaccompanied children), elderly, differently-abled people, indigenous people, disadvantaged families and individuals living in high-risk areas and danger zones.
Training, information, and preparedness
- The Muntinlupa City Disaster Risk Reduction Management Office (MCDRRMO) must ensure that proper trainings, orientations on possible natural hazards, vulnerabilities, and climate change risk, and knowledge management activities on disaster risk reduction management are fully organized and conducted at the barangay level.
- Trainings, orientations, and activities must also be discussed in a language understood by local residents.
- The MCDRRMO and its barangay counterparts must cause the posting of training/orientation/activity/information materials in conspicuous places in the City of Muntinlupa and its barangays.
- The MCDRRMO must issue newsletters, brochures, and pamphlets, and must disseminate information through radio and television advertisements where possible.
- During the rainy season as declared by PAGASA, trainings, orientations, activities, and information dissemination must be intensified and made on a regular basis, especially in areas vulnerable to flooding, landslides, and other natural disasters or calamities.
When and how forced evacuation applies
- The ordinance governs implementation of forced evacuation when a disaster or emergency has been declared and danger of loss of lives is imminent within the jurisdiction of Muntinlupa (Section 4).
- The City Mayor shall declare the use of pre-emptive measures such as forced evacuation only upon recommendation of the MCDRRMO, after due consultation and coordination with government agencies including (but not limited to) Dam Administrators, PAGASA, PHILVOCS, DPWH, and PNP, and when a disaster/emergency is declared and danger of loss of lives is imminent within the city’s jurisdiction.
- Where possible, the order for pre-emptive evacuation must be thoroughly evaluated after consultation with different government agencies, especially during rainy seasons.
- Forced evacuation must be announced to vulnerable or marginalized groups at least two (2) hours before commencement to allow affected individuals or groups to prepare necessary needs or belongings.
- Vulnerable or marginalized groups in identified danger zones shall be temporarily relocated to evacuation sites/centers.
- Assistance from private sectors (including private schools) must be secured, and temporary use of private schools’ sports facilities or auditoriums may be requested if needed and if evacuation sites are insufficient.
Evacuation logistics and response roles
- Barangay halls and outposts are designated as pick-up points or areas, and the MCDRRMC must take the lead in preparing for, responding to, and recovering from disaster effects based on Rule II, Section 1 of the Implementing Rules and Regulation of Republic Act 10121.
- The City must enlist assistance of the City Chief of Police, AFP Commander or Coast Guard, City Fire Chief, City Jail Chief, Muntinlupa City Rescue Team, or any accredited community disaster volunteers (ACDVs) to prepare for and enforce pre-emptive measures such as forced evacuation before and during disaster/calamity situations.
- Strict enforcement of pre-emptive measures must be carried out in affected areas or areas to be affected.
- The Barangay Chief Executive or barangay officials must lead the response team composed of the MCDRRMC team, PNP or any enforcement agency, and local rescue teams or volunteers.
- Responses must ensure that no person is left unaccounted in the area and that persons are not allowed to return to affected areas without an order issued to this effect.
- If a person from vulnerable or marginalized groups does not adhere to the forced evacuation order and is found within the danger/target area, the ordinance authorizes arrest and forcible taking as a means of ensuring safety.
- The ordinance specifically identifies vulnerable persons who require attention as:
- the sick and elderly,
- differently-abled people,
- pregnant women and children, especially orphans and unaccompanied children,
- and indigenous people.
- Social services teams must be on alert status to monitor and provide services and necessary materials such as beddings, blankets, clothing, foods, and medicine; medical personnel must also be on alert status to provide medical assistance.
- After the calamity and/or disaster, the City Government of Muntinlupa must extend assistance it can provide for victims’ rapid recovery.
- Response teams must be equipped with proper trainings and necessary equipment suited to the situation.
- The City Government may provide additional equipment and paraphernalia to response teams as needed.
- The City Government must take full responsibility for volunteers’ enhancement, welfare, and protection, and must submit the list to the Office of the Civil Defense through MCDRRMO for accreditation and inclusion in the community disaster volunteers database.
- The City Government must provide insurance and necessary benefits to volunteers who die or sustain injury while engaged in activities defined in Republic Act No. 10121.
Return restrictions and maritime pre-emptive rules
- Residents may return to their homes only upon order of the City Mayor through recommendation by the MCDRRMC in consultation with concerned government agencies and field personnel, after danger is determined to no longer exist in the area.
- The ordinance prohibits fishing vessels and activities in areas declared by PAGASA under PSWS No. 1 or higher.
- Under PSWS No. 1, fishing vessels of 1,000 gross tons or below must not sail except to take shelter when PSWS No. 1 is hoisted within their point of origin or route or point of destination.
- Under PSWS No. 1, fishing vessels above 1,000 gross tons are left to the discretion and responsibility of the ship owner when PSWS No. 1 is hoisted within their point of origin or route or point of destination.
- Under PSWS No. 2 or higher, fishing vessels of any tonnage must not sail except to take shelter when PSWS No. 2 or higher is hoisted within their point of origin or route or point of destination.
- Under PSWS No. 1, fishing vessels above 1,000 gross tons that have been or have been left to the discretion to sail must exercise extra precautionary measures, carefully study possible effects of the storm using the forecasted track, wind force, and storm radius based on PAGASA weather bulletins and Tropical Cyclone Warnings issued every 0500H, 1100H, 1700H, and 2300H.
- Vessels taking shelter must depart without passenger.
- The master and ship owner must ensure the safety of the ship and crew whenever they decide to take shelter.
- Fishing vessels must not sail when their point of origin, route, or point of destination is within an applicable PSWS Sector where sailing or voyage is not allowed under the latest PAGASA weather bulletin.
- Fishing vessels must exercise extraordinary diligence required by law for common carriers to ensure safety of life and proper seaworthiness during PSWS No. 1 or higher hoisting within their point of origin or route or point of destination.
- Pre-emptive measures must be applied to fishermen who refuse to leave despite the City Mayor’s declaration of forced evacuation.
- If fishermen do not adhere to the forced evacuation order while found within the danger/target area, or if they return to affected areas without an order allowing return, they may be forcibly taken to ensure safety.
- Fishermen may return to their homes only upon the City Mayor’s order through recommendation by the MCDRRMC, in consultation with concerned government agencies, after determination that danger no longer exists.
Humane implementation and human-rights compliance
- Forced evacuation must be carried out humanely, respecting dignity, using no disproportionate force, with no discrimination, and with conscious attention to the needs of vulnerable sectors such as children, women, the elderly, and persons with disabilities (Section 5).
- Personnel and volunteers must inform evacuees—using a manner and language they can understand—of the need for evacuation, the lack of other alternatives for safety, the location of where they will be taken, and the expected length of time of evacuation.
- Personnel and volunteers must comply with other rules promulgated by the Commission on Human Rights (CHR) for the protection of human rights of all persons.
Law enforcement and agency coordination
- The Philippine National Police (PNP) and the Bureau of Fire Protection (BFP) must maximize their resources as members of the response team to assist Muntinlupa City Disaster Risk Reduction Management group, barangay officials, rescue teams, and community disaster volunteers during forced evacuation to maintain order and safety.
- The PNP and BFP must take appropriate measures to safeguard belongings left behind and belongings brought by evacuated residents.
- The Philippine Coast Guard (PCG) must extend assistance in implementation upon request of the local chief executive, including assistance relating to vessels movement during heavy weather and other relevant circulars and regulations.
Inter-agency coordination mandate
- All emergency measures adopted must be implemented through coordination and collaboration among concerned Muntinlupa city officials, the PNP, and the BFP (Section 7).
Administrative sanctions for non-compliance
- DILG Memorandum Circular No. 2012-35 provides for the filing of appropriate administrative cases against responsible local officials for non-compliance with the ordinance (Section 8).
Separability, repeal, and effectivity
- If any part or provision of the ordinance is found inconsistent with the Constitution, laws, or decrees, the remaining provisions must continue in force and effect (Section 9).
- Any ordinance, memo circulars, rules, and regulations inconsistent with the ordinance are repealed or amended accordingly (Section 10).
- The ordinance becomes effective fifteen (15) days after completion of publication in a newspaper of general circulation (Section 11).