RA 10121

REPUBLIC ACT No. 10121

AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT SYSTEM, PROVIDING FOR THE NATIONAL DISASTER RISK

REDUCTION AND MANAGEMENT FRAMEWORK, AND INSTITUTIONALIZING THE DISASTER RISK

REDUCTION AND MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND FOR

OTHER PURPOSES

BACKGROUND

Our Challenges

Disasters remain a major challenge to achieve a disaster-resilient & safer community in the Philippines by 2015

Natural hazards abound: typhoon, flood, landslide, earthquake, tsunami, volcanic eruption, drought, etc.

Climate change remains a potential risk to the country

Poverty, a vulnerability condition, prevails Fast growing population, increasing population

densities, urbanization, environmental degradation and pollution increase disaster risks

8th Congress(’89-’92)



14th Congress(2007-2010)



11th Congress(’98-2001)

RA NO. 10121

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RA NO. 10121

• 21 years in the making

• 7 Congresses

• 4 Administrations

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Salient Features

Policy Statements and Terminologies on DRRM (Secs. 2 & 3)

Institutional Mechanisms (Secs. 5 – 12) - DRRMCs (National, Regional, Provincial, City, Municipal and Barangay Levels - Office of Civil Defense - Permanent Office on DRRM at the LGU Level

Operational Mechanisms (Secs. 15 – 18) - Coordination during Emergencies - Declaration of a State of Calamity - Remedial Measures - Mechanism for the IHAN

Republic Act No. 10121

Salient Features

Participation, Accreditation, Mobilization, Protection and Development of Disaster Volunteers

Funding

Prohibited Acts

Penal Provisions

Republic Act No. 10121

RA No. 10121 - Salient Features

I. Policy Statements on DRRM (Sec. 2)

Upholding people’s rights to life and property and aherence to internationally accepted principles, norms and standards for capacity building in DRRM and humanitarian assistance (Sub-Sections a – c)

Adoption of a holistic, comprehensive, integrated , proactive and multi-sector approach in addressing the impacts of disasters, including climate change (Sub-Section d)

Development, promotion and implementation of a comprehensive National Disaster Risk Reduction and Management Plan (NDRRMP) (Sub-Section e)

Mainstreaming DRR and Climate Change in national and local development plans and development processes (e.g. policy formulation, socio-economic development planning, budgeting and governance) (Sub-Sections f, g and h)

RA No. 10121 - Salient FeaturesI. Policy Statements on DRRM (Sec. 2) – con’t.

Mainstreaming DRR into the peace process & conflict resolution (Sub-Section i)

Ensuring DRR and CC measures are gender responsive, sensitive to indigenous knowledge and respectful to human rights (Sub-Section j)

Strengthening capacity building of –◦ LGUs on DRR (e.g. decentralized powers, responsibilities and resources) (Sub-

Sections k and l)◦ Vulnerable and marginalized groups (Sub-Section n)

Engaging the participation of CSOs, private sector and volunteers in DRR (Sub-Section m)

Promotion of breastfeeding before and during a disaster or emergency (Sub-Section o)

Ensuring maximum care, assistance and services to affected individuals and families (Sub-Section p)


II. Scope (Sec. 4)

Provision for the development of policies and plans and implementation of actions and measures pertaining to all aspects of DRRM, including-

- Governance

- Risk assessment and early warning

- Knowledge building and awareness raising

- Reducing underlying risk factors - Preparedness for effective response and early recovery

III. Institutional Mechanisms (Secs. 6 – 13)

There are four (4) major institutional mechanisms for DRRM provided for under the new law:

1. DRRMC Networks from the national, regional, provincial, city and municipal level, and BDRRM Committees at the barangay level;

2. Local Disaster Risk Reduction and Management Offices;

3. Office of Civil Defense, and

4. Disaster Volunteers


III. Institutional Mechanisms (Secs. 6 – 13) – con’t.

Renaming of the present Disaster Coordinating Councils as N/R/L Disaster Risk Reduction and Management Councils (DRRMCs)

Creation of four (4) posts of Vice-Chairpersons at the National and Regional DRRMCs

Increase in the membership of DRRMCs

Enhanced OCD functions and organizational structure◦ OCD Administrator with the rank and privileges of an Undersecretary◦ Can create necessary offices to perform its mandate under the law◦ OCD Civil Defense Officers who are or may be designated as OCDRDs to

serve as Chairpersons of the RDRRMCs; OCDRCs as Secretariat thereof


III. Institutional Mechanisms (Secs. 6 – 13) – con’t.

Abolition of the Barangay Disaster Coordinating Councils (BDCCs) and their powers and functions will be assumed by the Barangay Development Councils which shall serve as the LDRRMCs in every barangay. known as Barangay Disaster Risk Reduction and Management Committee (BDRRMC) and will be one of the Committees under the Barangay Development Council

Monitoring and Evaluation Functions of OCD

More empowered community and LGUs


Section 6. Powers and Functions of the NDRRMC

NDRRMC empowered with policy-making, coordination, integration, supervision, monitoring and evaluation functions to be carried out through seventeen (17) tasks / responsibilities


NDRRMC Tasks / Responsibilities (Sec. 6)

A. Policy-making, Planning and Decision-making

Develop tools / mechanisms for its policy-making, planning and decision-making processes, namely:◦ National Disaster Risk Reduction and Management Framework

(NDRRMF) that shall provide for a comprehensive, all-hazards, multi-sector, inter-agency and community-based approach to DRRM (sub-section a);

◦ DRRM Information and Management System and Geographic Information System (sub-section d) ;

◦ National Early Warning and Emergency Alert System (sub-section e) ;



A. Policy-making, Planning and Decision-making (con’t.)

Develop tools / mechanisms for its policy-making, planning and decision-making processes, namely: (con’t.)◦ Risk transfer mechanisms (sub-section f) ;

◦ Guidelines and procedures on the Local DRRM Fund releases, utilization and auditing (sub-section i) ;

◦ Assessment tools on existing and potential hazards and risks due to climate change in coordination with the CCC (sub-section j) ;

◦ National Institutional Capability Building Program for DRRM (sub-section l);

◦ National Agenda for Research & Technology development on DRRM , (sub-section m);

◦ Framework for CCA and DRRM in coordination with the CCC (sub-section n)



B. Coordination, Integration and Supervision

Ensure that the National Disaster Risk Reduction and Management Plan (NDRRMP) is consistent with the NDRRMF (sub-section b);

Advise the President of the Philippines on status of DRRM implementation (sub-section c);

Recommend calamity area declaration and calamity fund allocation to restore normalcy in affected areas (sub-section c);

Manage and mobilize resources for DRRM including the NDRRMF (sub-section h);



B. Coordination, Integration and Supervision (con’t.)

Develop vertical and horizontal coordination mechanisms for more coherent DRRM policy and program implementation by sectoral agencies and LGUs (sub-section k);

Constitute a technical management group to be composed of member agencies of the NDRRMC (sub-section o);

Coordinate / oversee the implementation of the country’s obligations

with DM Treaties to which it is a Party and see to it that the country’s obligations are incorporated in DRRM frameworks, policies, plans, and programs (sub-section q)



B. Monitoring and Evaluation Functions

Monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards required by this Act (sub-section g), and

Task OCD to conduct periodic assessment and performance monitoring of the member-agencies of the NDRRMC and the RDRRMCs (sub-section p)


The National Disaster Risk Reduction and Management Council (NDRRMC) - Section 5

Secretary, DND as Chairperson

Four (4) Vice-Chairpersons: ◦ DILG – Disaster Preparedness◦ DSWD – Disaster Response◦ DOST – Disaster Prevention and Mitigation◦ NEDA – Disaster Rehabilitation and Recovery

Members: Thirty-Nine (39) ◦ Fourteen (14) line departments ( DOH, DENR, DA, DepEd, DOE, DOF, DTI, DOTC, DBM,

DPWH, DFA, DOJ, DOLE and DOT)◦ Twelve (12) other government agencies / offices ( Office of the Executive Secretary,

OPAPP, CHED, AFP, PNP, Office of the Press Secretary, NAPC-VDC, NCRFW, HUDCC, Climate Change Commission, PHILHEALTH and OCD)

◦ Two (2) GFIs ( GSIS and SSS)◦ One quasi-government agency (Philippine Red Cross))◦ Five (5) LGU Leagues (ULAP, LPP, LCP, LMP and LnB)◦ Four (4) Civil Society Organizations◦ One (1) Private Sector Organization

Executive Director: OCD Administrator with the rank of Undersecretary


The Regional Disaster Risk Reduction and Management Council (RDRRMC)

◦ Chairperson: Regional Director, OCD

◦ V-Chairpersons: RD, DILG (Preparedness) RD, DSWD (Response) RD, DOST (Prevention and Mitigation)

RD, NEDA (Rehabilitation & Recovery)

◦ Members: Thirty-Six (36) - Fourteen (14) line departments: DOH, DENR, DA, DepEd, DOE, DOF,DTI, DOTC, DBM, DPWH, DFA, DOJ, DOLE and DOT - Ten (10) other government agencies: OPAPP, CHED, AFP, PNP, PRC, NAPC- VDC, NCRFW, HUDCC, Climate Change Commission and Phil. Health Corp. - Two (2) GFIs: GSIS, SSS - Five (5) LGU Leagues: ULAP, LPP, LCP, LMP, LnB - Four (4) Reps from the Civil Society Organizations - One (1) Rep from the Private Sector

• Secretariat: OCD Regional Office


The P/ C/ M Disaster Risk Reduction and Management Councils (LDRRMC)

◦ Chairperson: Governor / Mayor

◦ Members: Eighteen (18) - Local Planning and Development Officer; Head of the LDRRMO, Head of the Local Social Welfare and Development Office, Head of the Local Health Office,Head of the Local Agriculture Office, Head of the Gender and Development Office, Head of the Local Engineering Office, Head of the Local Veterinary Office, Head of the Local Budget Office, Division Head / Superintendent of Schools of the DepEd, Highest-ranking Officer of the Armed Forces of the Philippines assigned in the area, Provincial Director/City/Municipal Chief of the Philippine National Police (PNP), Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection (BFP), President of the Association of Barangay Captains (ABC), Philippine National Red Cross (PNRC), Four (4) accredited CSOs, and One (1) private sector representative


Barangay Level

◦ Present BDCCs shall cease to exist; its powers and functions to be assumed by the Barangay Development Council (BDC) which shall serve as the Barangay DRRMC

◦ BDRRMC shall be a regular committee of the existing BDC and shall be subject thereto.

◦ Punong Barangay shall facilitate and ensure the participation of at least two (2) CSO representatives from existing and active community-based people’s organizations representing the most vulnerable and marginalized groups in the barangay.


Local Disaster Risk Reduction and Management Office (LDRRMO)

◦ LDRRMO to be established in every Province, City and Municipality, and Barangay Disaster Risk Reduction and Management Committee in every barangay.

◦ LDRRMO / BDRRMCResponsibilty - setting the direction, development, implementation and coordination of disaster risk management programs within their territorial jurisdiction.

◦ LDRRMO shall be under the office of the governor, city or municipal mayor, and the punong barangay in case of the BDRRMC. The LDRRMOs shall be initially organized and composed of a DRRMO to be assisted by three (3) staff responsible for: (1) administrative and training; (2) research and planning; and (3) operations and warning. The LDRRMOs and the BDRRMCs shall organize, train and directly supervise the local emergency response teams and the Accredited Community Disaster Volunteers (ACDV).


IV. Disaster Volunteers (Sec. 13) Mobilization of DVs by government agencies, CSOs, private sector and LGUs

to augment their respective personnel complement and resource requirement

Enhancement, welfare and protection of DVs shall be the full responsibilty of said agencies

Maintenance of National Roster of ACDVs, NSRC, CSOs and Private Sector by OCD, list of which shall be submitted through the LDRRMOs

Accreditation to be done at the municipal / city level

DV mobilization to be based on guidelines to be issued by the NDRRMC

Entitlement to compensatory benefits / accident personnel insurance


V. Integration of DRR Education in School Curricula at the Secondary and Tertiary Levels, NSTP, Sanggunian Kabataan; Mandatory Training in DRR for Public Sector Employees, including formal and non-formal, vocational, indigenous learning and out-of-school youth courses and programs (Sec. 13)


VI. Mechanism for International Humanitarian Assistance (Sec. 18)

Authorizing the importation and donation of food, clothing, medicine, equipment for relief and recovery and other DM and recovery-related supplies in accordance with the Tariff and Customs Code and GAA

Importation and donation to be considered as importation / donation to the NDRRMC, subject to the approval of the Office of the President


VII. Funding National Level

◦ National DRRM Fund (formerly known as the National Calamity Fund) can be used for DRR or mitigation, prevention and preparedness activities (e.g. but not limited to training of personnel, procurement of equipment and capital expenditures; can be used for relief, recovery and reconstruction activities)

◦ Quick Response Fund (QRF) - 30% of the NDRRMF as standby fund for relief and recovery programs


Funding – Local Government Level

◦ Local DRRM Fund – not less than 5% of the estimated revenue from the regular sources can now be used to support DRM activities such as, but not limited to, pre-disaster preparedness programs, e.g. Training, purchase of life-saving rescue equipment, supplies and medicines; payment of Premiums on calamity insurance

◦ 30% of the local DRRM Fund shall be allocated as Quick Response Fund or stand-by fund to support the following activities:

Post-disaster activities, e.g. relief and recovery programs in order that areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.


Prohibited Acts such as:

◦ Preventing the entry/distribution of relief goods and disaster teams/experts in disaster-stricken areas

◦ Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other aid commodities intended for distribution to disaster affected communities

◦ Buying, for consumption or resale, from the recipient disaster affected persons any relief goods, equipment or other aid commodities received by them

◦ Selling of relief goods, equipment or other aid commodities intended for distribution to disaster victims


Prohibited Acts such as:

◦ Forcibly seizing of relief goods

◦ Diverting/misdelivery of relief goods

◦ Repacking of relief goods, equipment and other aid

◦ Substitution of relief goods

◦ Illegal solicitations by persons/organizations

◦ Deliberate use of false or inflated data

◦ Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia


Penal Clause

◦ Violators of those prohibited acts shall suffer a fine of not less than PhP50,000.00 or any amount not to exceed PhP500,000.00 or imprisonment of not less than 6 years and 1 day or not more than 12 years or BOTH


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Telephone/Fax: (078) 304-1630 (078) 304-1631

RA 10121

Documents

Transcript of RA 10121