Title
Civil Defense Act of 1954 Establishing Admin
Law
Republic Act No. 1190
Decision Date
Aug 18, 1954
Republic Act No. 1190 establishes the National Civil Defense Administration (NCDA) and the National Civil Defense Council, responsible for creating and administering a comprehensive national civil defense program, coordinating with local civil defense organizations, and imposing penalties for violations of civil defense rules and regulations.

Functions and war activation powers

  • Section 1 requires the Administration to establish and administer a comprehensive national civil defense program.
  • Section 1 directs the Administration to formulate and prepare plans and policies for the protection and welfare of the civilian population in time of war directly involving the Philippines or other national emergency of equally grave character.
  • Section 1 requires the Administration to estimate the total material, manpower and fiscal requirements for the national civil defense program, and to allocate to provinces and cities aid in facilities, materials, and funds that may be made available from the National Government or as authorized by Congress.
  • Section 1 mandates coordination on the national level of activities and functions of executive departments, agencies, instrumentalities, and private civic or welfare institutions, to maximize the use of national facilities and resources for civil defense.
  • Section 1 requires development and coordination of a program for informing, educating and training the general public and volunteer workers on civil defense measures and activities.
  • Section 1 requires providing guidance to provinces, cities, and municipalities on civil defense planning, organization, and operation.
  • Section 1 requires advising the President on matters concerning civil defense and making recommendations as appropriate or as the President may require.
  • Section 1 provides that if war directly involving the Philippines or another equally grave national emergency is proclaimed by the President with the concurrence of two-thirds of the members of each House of Congress, the Administration—under the direction and control of the Administrator—executes plans and policies on civil defense and coordinates and supervises operations of national, provincial, city, and municipal civil defense organizations.

President’s authority on internal organization

  • Section 1 requires the Administration, in performing its functions, to utilize to the maximum extent existing personnel, facilities, and resources of national government executive departments, agencies, and instrumentalities, except those needed by the Armed Forces of the Philippines for national defense as determined by the President.
  • Section 1 authorizes the President, upon recommendation of the Administrator, to prescribe the detailed organization, functions, and duties of different offices and agencies of the Administration.

National Civil Defense Council

  • Section 2 establishes a National Civil Defense Council (Council).
  • Section 2 provides that the Council is composed of: the National Civil Defense Administrator as chairman, the Chairmen of the Committees on National Defense and Security of both Houses of Congress, the Economic Coordinator, the Chief of the Philippine Constabulary, the Commissioner of Social Welfare, the Manager of the Philippine National Red Cross, the Manager of the National Development Company, the Manager of the Price Stabilization Corporation, and such other members as the President designates from time to time.
  • Section 2 tasks the Council with consulting with and advising the National Civil Defense Administrator on civil defense matters, particularly coordination of functions and activities of represented organizations in relation to the civil defense program.

Local civil defense organization standards

  • Section 3 requires provincial, city, and municipal civil defense organizations to conform to stated general policies and standards.
  • Section 3 requires assignment of civil defense tasks and responsibilities to appropriate existing offices, agencies, instrumentalities, officials, and employees of the provincial, city, or municipal governments, using existing facilities and resources to the maximum in local civil defense organizations and activities.
  • Section 3 requires local civil defense financial costs within each province, city, and municipality to be borne by the concerned local government units.
  • Section 3 provides that if local resources are insufficient to bear those costs, the National Government provides the necessary subsidy.
  • Section 3 designates the provincial governor responsible for direction, supervision, and coordination of civil defense planning, operations, and activities within the province (except in chartered cities), and designates the governor as the Provincial Civil Defense Director.
  • Section 3 designates the municipalities and cities as the basic operating units.
  • Section 3 requires each municipality and chartered city to organize and maintain its own local civil defense organization, with the municipal or city mayor as Municipal Civil Defense Director.
  • Section 3 assigns to each Municipal Civil Defense Director, under provincial direction and supervision (for municipalities), responsibility to: establish and administer the local civil defense organization; coordinate and direct local civil defense operations and activities of public and private agencies or groups; formulate and negotiate mutual aid plans and agreements with neighboring municipalities and the province where it is located; and direct development of civil defense plans and programs consistent with national and provincial plans and policies.

Private firms and civic groups compliance

  • Section 3 authorizes the Administrator, upon recommendation of the Council, to prescribe rules and regulations for public or private firms, associations, companies, corporations, institutions, establishments, or organized groups of persons to prepare their own civil defense plans and to organize their staff, personnel, and facilities for civil defense.
  • Section 3 provides that in the event of war or another equally grave national emergency proclaimed under the Act’s trigger conditions, those entities or groups must institute and maintain at all times guard systems, safety programs, warning systems, personnel shelters, fire-fighting facilities and procedures, emergency medical facilities, blackout techniques and procedures, exit and entry control, and other protective measures for their establishments, personnel, inmates, or patrons.

Neighborhood Civil Defense Units

  • Section 3 requires each Municipal Civil Defense Director to organize groups of individuals and families living in one neighborhood within the municipality or city into Civil Defense Units.
  • Section 3 provides that each Civil Defense Unit must be under a leader responsible for organization and training of members in fire-fighting and first-aid techniques, guard duty, blackout control, and other aspects of coordinated self-protection relating to civil defense.
  • Section 3 requires the Municipal Civil Defense Director to direct and coordinate civil defense functions and activities of all Civil Defense Units in the municipality or city.

Civil defense drills frequency

  • Section 3 requires that in cities and towns of over 100,000 population, civil defense drills must be held at least once every three months.

Civil defense operating services

  • Section 4 authorizes the Administrator, subject to the approval of the President, to prescribe the organization, functions, duties, and responsibilities of national, provincial, city, and municipal civil defense authorities for listed operating services.
  • Section 4 lists the operating services as: Warden Service, Police Service, Fire Service, Health Service, Rescue and Engineering Service, Emergency Welfare Service, Transportation Service, Communication Service, Evacuation Service, Air-raid Warning Service, and the Auxiliary Service.
  • Section 4 provides that units for each operating service must be established at the national level and in each provincial, city and municipal defense organization.
  • Section 4 provides that each unit operates under the direction and supervision of the head of the civil defense organization to which it belongs.

Civil defense measures and rulemaking trigger

  • Section 5 provides that in time of war directly involving the Philippines or other equally grave national emergency proclaimed under the Act’s trigger conditions (including concurrence of two-thirds of the members of each House of Congress), the President is authorized to promulgate rules and regulations to carry out the civil defense program as prepared and established by the National Civil Defense Administration.
  • Section 5 authorizes the President’s rules and regulations specifically to implement the civil defense program prepared and established by the Administration.

Criminal penalties for violations

  • Section 5 provides that any person, firm, or corporation found guilty of violating rules and regulations promulgated by the President under Section 5 is punishable by imprisonment of not more than ten years, or a fine of not more than ten thousand pesos, or both, at the discretion of the court.
  • Section 5 provides that if the violation is committed by a firm, association, or corporation, the managing head or heads are criminally responsible therefor.

Appropriation and spending limitation

  • Section 6 appropriates five hundred thousand pesos from funds in the National Treasury not otherwise appropriated to carry out the purposes of the Act.
  • Section 6 limits spending by providing that not more than twenty per cent of the appropriation may be expended for overhead and salaries.
  • Section 6 provides that appropriations for operation of the Administration are included in the annual general appropriations for the Office of the President.

Constitutional separation of powers

  • Section 7 prohibits interpreting the Act as conferring on the President or the National Civil Defense Administration authority to exercise any powers exclusively vested in Congress by the Constitution.

Repeal of inconsistent laws; effectivity

  • Section 8 repeals all laws and executive orders or portions thereof inconsistent with the Act.
  • Section 9 provides that the Act takes effect upon approval.
  • Approved: August 18, 1954.

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