UNIT 4: Disaster PDF

UNIT 4: DISASTER At the end of the lesson the students must have: 1. understood the salient features of RA 10121 and its IRR; 2. discussed substantially the concepts, elements and perspectives in Disaster Risk Reduction. 3. analyzed disaster scenarios relative to RA 10121. Lesson 1: Republic Act...

UNIT 4: DISASTER At the end of the lesson the students must have: 1. understood the salient features of RA 10121 and its IRR; 2. discussed substantially the concepts, elements and perspectives in Disaster Risk Reduction. 3. analyzed disaster scenarios relative to RA 10121. Lesson 1: Republic Act No. 10121 Take Off: We have heard in news and in our lessons in our past that the Philippine is a disaster-prone country among other countries in the world. The country is also situated in the circum-pacific belt of fire and along the typhoon path. We have so many questions that comes to our mind on how to handle those things and among those maybe the question on how can this government continue to respond to all natural hazards like earthquakes, El Niño phenomenon, volcanic eruptions, tsunamis and typhoons? According to the study made by the Center for Research and Epidemiology Disasters (CRED) an international organization that has been active for 30 years in international disasters. Based on the findings the estimated annual damage is P15 billion due to disasters which have caused major setbacks in the socio-economic development of the country ( Mendoza, 2018). In this regard with the necessity to give hope and strength to the country’s people, after 21 years of revisions and refiling in the two legislative bodies the Republic Act No. 10121 was passed and approved on May 27, 2010 during the era of President Gloria Macapagal-Arroyo. Content Focus: 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 NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title. – This Act shall be known as the “Philippine Disaster Risk Reduction and Management Act of 2010”. Section 2. Declaration of Policy. – It shall be the policy of the State to: (a) Uphold the people’s constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country’s institutional capacity for disaster risk reduction and management and building the resilience of local communities to disasters including climate change impacts; (b) Adhere to and adopt the universal norms, principles and standards of humanitarian assistance and the global effort on risk reduction as concrete expression of the country’s commitment to overcome human sufferings due to recurring disasters; (c) Incorporate internationally accepted principles of disaster risk management in the creation and implementation of national, regional and local sustainable development and poverty reduction strategies, policies, plans and budgets; (d) Adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socioeconomic and environmental impacts of disasters including climate change, and promote the involvement and participation of all sectors and all stakeholders concerned, at all levels, especially the local community; (e) Develop, promote, and implement a comprehensive National Disaster Risk Reduction and Management Plan (NDRRMP) that aims to strengthen the capacity of the national government and the local government units (LGUs), together with partner stakeholders, to build the disaster resilience of communities, and’ to institutionalize arrangements and measures for reducing disaster risks, including projected climate risks, and enhancing disaster preparedness and response capabilities at all levels; (f) Adopt and implement a coherent, comprehensive, integrated, efficient and responsive disaster risk reduction program incorporated in the development plan at various levels of government adhering to the principles of good governance such as transparency and accountability within the context of poverty alleviation and environmental protection; (g) Mainstream disaster risk reduction and climate change in development processes such as policy formulation, socioeconomic development planning, budgeting, and governance, particularly in the areas of environment, agriculture, water, energy, health, education, poverty reduction, land-use and urban planning, and public infrastructure and housing, among others; (h) Institutionalize the policies, structures, coordination mechanisms and programs with continuing budget appropriation on disaster risk reduction from national down to local levels towards building a disaster-resilient nation and communities; (i) Mainstream disaster risk reduction into the peace process and conflict resolution approaches in order to minimize loss of lives and damage to property, and ensure that communities in conflict zones can immediately go back to their normal lives during periods of intermittent conflicts; (j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive to indigenous know ledge systems, and respectful of human rights; (k) Recognize the local risk patterns across the country and strengthen the capacity of LGUs for disaster risk reduction and management through decentralized powers, responsibilities, and resources at the regional and local levels; (l) Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters; (m) Engage the participation of civil society organizations (CSOs), the private sector and volunteers in the government’s disaster risk reduction programs towards complementation of resources and effective delivery of services to the Citizenry; (n) Develop and strengthen the capacities of vulnerable and marginalized groups to mitigate, prepare for, respond to, and recover from the effects of disasters; (o) Enhance and implement a program where humanitarian aid workers, communities, health professionals, government aid agencies, donors, and the media are educated and trained on how they can actively support breastfeeding before and during a disaster and/or an emergency; and (p) Provide maximum care, assistance and services to individuals and families affected by disaster, implement emergency rehabilitation projects to lessen the impact of disaster, and facilitate resumption of normal social and economic activities. Section 3. Definition of Terms. – For purposes of this Act, the following shall refer to: (a) “Adaptation” – the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. (b) “Capacity” – a combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes such as social relationships, leadership and management. Capacity may also be described as capability. (c) “Civil Society Organizations” Or “CSOs” – non-state actors whose aims are neither to generate profits nor to seek governing power. CSOs unite people to advance shared goals and interests. They have a presence in public life, expressing the interests and values of their members or others, and are based on ethical, cultural, scientific, religious or philanthropic considerations. CSOs include nongovernment organizations (NGOs), professional associations, foundations, independent research institutes, community- based organizations (CBOs), faith-based organizations, people’s organizations, social movements, and labor unions. (d) “Climate Change” – a change in climate that can’ be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity. (e) “Community-Based Disaster Risk Reduction and Management” or “CBDRRM” – a process of disaster risk reduction and management in which at risk communities are actively engaged in the identification, analysis, treatment, monitoring and evaluation of disaster risks in order to reduce their vulnerabilities and enhance their capacities, and where the people are at the heart of decision-making and implementation of disaster risk reduction and management activities. (f) “Complex Emergency” – a form of human-induced emergency in which the cause of the emergency as well as the assistance to the afflicted IS complicated by intense level of political considerations. (g) “Contingency Planning” – a management process that analyzes specific potential events or emerging situations that might threaten society or the environment and establishes arrangements in advance to enable timely, effective and appropriate responses to such events and situations. (h) “Disaster” – a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences, Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, Social and economic disruption and environmental degradation.1avvphi1 (i) “Disaster Mitigation” – the lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction as well as improved environmental policies and public awareness. (j) “Disaster Preparedness” – the knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to, and recover from, the Impacts of likely, imminent or current hazard events or conditions. Preparedness action is carried out within the context of disaster risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery. Preparedness is based on a sound analysis of disaster risk and good linkages with early warning systems, and includes such activities as contingency planning, stockpiling of equipment and supplies, the development of arrangements for coordination, evacuation and public information, and associated training and field exercises. These must be supported by formal institutional, legal and budgetary capacities. (k) “Disaster Prevention” – the outright avoidance of adverse impacts of hazards and related disasters. It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as construction of dams or embankments that eliminate flood risks, land-use regulations that do not permit any settlement in high-risk zones, and seismic engineering designs that ensure the survival and function of a critical building in any likely earthquake. (l) “Disaster Response” – the provision of emergency services and public assistance during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. Disaster response is predominantly focused on immediate and short-term needs and is sometimes called “disaster relief”. (m) “Disaster Risk” – the potential disaster losses in lives, health status, livelihood, assets and services, which could occur to a particular community or a Society over some specified future time period. (n) “Disaster Risk Reduction” – the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposures to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events. (o) “Disaster Risk Reduction and Management” – the systematic process of using administrative directives, organizations, and operational skills and capacities to implement strategies, policies and improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster. Prospective disaster risk reduction and management refers to risk reduction and management activities that address and seek to avoid the development of new or increased disaster risks, especially if risk reduction policies are not put m place. (p) “Disaster Risk Reduction and Management Information System” – a specialized database which contains, among others, information on disasters and their human material, economic and environmental impact, risk assessment and mapping and vulnerable groups. (q) “Early Warning System” – the set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss. A people-centered early warning system necessarily comprises four (4) key elements: knowledge of the risks; monitoring, analysis and forecasting of the hazards; communication or dissemination of alerts and warnings; and local capabilities to respond to the warnings received. The expression “end-to-end warning system” is also used to emphasize that warning systems need to span all steps from hazard detection to community response. (r) “Emergency” – unforeseen or sudden occurrence, especially danger, demanding immediate action. (s) “Emergency Management” – the organization and management of resources and responsibilities for addressing all aspects of emergencies, in particular preparedness, response and initial recovery steps. (t) “Exposure” – the degree to which the elements at risk are likely to experience hazard events of different magnitudes. (u) “Geographic Information System” – a database which contains, among others, geo-hazard assessments, information on climate change, and climate risk reduction and management. (v) “Hazard” – a dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihood and services, social and economic disruption, or environmental damage. (w) “Land-Use Planning” – the process undertaken by public authorities to identify, evaluate and decide on different options for the use of land, including consideration of long-term economic, social and environmental objectives and the implications for different communities and interest groups, and the subsequent formulation and promulgation of plans that describe the permitted or acceptable uses. (x) “Mitigation” – structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters. Such measures include, but are not limited to, hazard-resistant construction and engineering works, the formulation and implementation of plans, programs, projects and activities, awareness raising, knowledge management, policies on land-use and resource management, as well as the enforcement of comprehensive land-use planning, building and safety standards, and legislation. (y) “National Disaster Risk Reduction and Management Framework” or “NDRRMF” – provides for comprehensive, all hazards, multi-sectoral, inter-agency and community- based approach to disaster risk reduction and management. (z) “National Disaster Risk Reduction and Management Plan” or “NDRRMP” – the document to be formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and specific objectives for reducing disaster risks together with related actions to accomplish these objectives. The NDRRMP shall provide for the identification of hazards, vulnerabilities and risks to ‘be managed at the national level; disaster risk reduction and management approaches and strategies to be applied m managing said hazards and risks; agency roles, responsibilities and lines of authority at all government levels; and vertical and horizontal coordination of disaster risk reduction and management in the pre-disaster and post- disaster phases. It shall be in conformity with the NDRRMF. (aa) “Post-Disaster Recovery” – the restoration and improvement where appropriate, of facilities, livelihood and living conditions. of disaster-affected communities, including efforts to reduce disaster risk factors, in accordance with the principles of “build back better”. (bb) “Preparedness” – pre-disaster actions and measures being undertaken within the context of disaster risk reduction and management and are based on sound risk analysis as well as pre-disaster activities to avert or minimize loss of life and property such as, but not limited to, community organizing, training, planning, equipping, stockpiling, hazard mapping, insuring of assets, and public information and education initiatives. This also includes the development/enhancement of an overall preparedness strategy, policy, institutional structure, warning and forecasting capabilities, and plans that define measures geared to help at-risk communities safeguard their lives and assets by being alert to hazards and taking appropriate action in the face of an imminent threat or an actual disaster. (cc) “Private Sector” – the key actor in the realm of the economy where the central social concern and process are the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises private corporations, households and nonprofit institutions serving households. (dd) “Public Sector Employees” – all persons in the civil service. (ee) “Rehabilitation” – measures that ensure the ability of affected communities/areas to restore their normal level of functioning by rebuilding livelihood and damaged infrastructures and increasing the communities’ organizational capacity. (ff) “Resilience” – the ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions. (gg) “Response” – any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervention during or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of essential public activities and facilities. (hh) “Risk” – the combination of the probability of an event and its negative consequences. (ii) “Risk Assessment” – a methodology to determine the nature and extent of risk by analyzing potential hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed people, property, services, livelihood and the environment on which they depend. Risk assessments with associated risk mapping include: a review of the technical characteristics of hazards such as their location, intensity, frequency and probability; the analysis of exposure and vulnerability including the physical, social, health, economic and environmental dimensions; and the evaluation of the effectiveness of prevailing and alternative coping capacities in respect to likely risk scenarios. (jj) “Risk Management” – the systematic approach and practice of managing uncertainty to minimize potential harm and loss. It comprises risk assessment and analysis, and the implementation of strategies and specific actions to control, reduce and transfer risks. It is widely practiced by organizations to minimize risk in investment decisions and to address operational risks such as those of business disruption, production failure, environmental damage, social impacts and damage from fire and natural hazards. (kk) “Risk Transfer” – the process of formally or informally shifting the financial consequences of particular risks from one party to another whereby a household, community, enterprise or state authority will obtain resources from the other party after a disaster occurs, in exchange for ongoing or compensatory social or financial benefits provided to that other party. (ll) “State of Calamity” – a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard. (mm) “Sustainable Development” – development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two (2) key concepts: (1) the concept of “needs”, in particular, the essential needs of the world’s poor, to which overriding priority should be given; and (2) the idea of limitations imposed by the state of technology and social organizations on the environment’s ability to meet present and future needs. It is the harmonious integration of a sound and viable economy, responsible governance, social cohesion and harmony, and ecological integrity to ensure that human development now and through future generations is a life-enhancing process. (nn) “Vulnerability” – the characteristics and circumstances of a community, system or asset that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from various physical, social, economic, and environmental factors such as poor design and construction of buildings, inadequate protection of assets, lack of public information and awareness, limited official recognition of risks and preparedness measures, and disregard for wise environmental management. (oo) “Vulnerable and Marginalized Groups” – those that face higher exposure to disaster risk and poverty including, but not limited to, women, children, elderly, differently- abled people, and ethnic minorities. Section 5. National Disaster Risk Reduction and Management Council. – The present National Disaster Coordinating Council or NDCC shall henceforth be known as the National Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC or the National Council. … Section 6. Powers and Functions of the NDRRMC. – The National Council, being empowered with policy-making, coordination, integration, supervision, monitoring and evaluation functions, shall have the following responsibilities: Section 8. The Office of Civil Defense. – The Office of Civil Defense (OCD) shall have the primary mission of administering a comprehensive national civil defense and disaster risk reduction and management program by providing leadership in the continuous development of strategic and systematic approaches as well as measures to reduce the vulnerabilities and risks to hazards and manage the consequences of disasters. Section 9. Powers and Functions of the OCD... Section 10. Disaster Risk Reduction and Management Organization at the Regional Level... Section 11. Organization at the Local Government Level... Section 12. Local Disaster Risk Reduction and Management Office (LDRRMO). (a) There shall be established an LDRRMO in every province, city and municipality, and a Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay which shall be responsible for setting the direction, development, implementation and coordination of disaster risk management programs within their territorial jurisdiction. (b) The 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) administration 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 ACDVs... Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National Service Reserve Corps, CSOs and the Private Sector. Section 14. Integration of Disaster Risk Reduction Education into the School Curricula and Sangguniang Kabataan (SK) Program and Mandatory Training for the Public Sector Employees. – The DepED, the CHED, the Technical Education and Skills Development Authority (TESDA), in coordination with the OCD, the National Youth Commission (NYC), the DOST, the DENR, the DILG-BFP, the DOH, the DSWD and other relevant agencies, shall integrate disaster risk reduction and management education in the school curricula of secondary and tertiary level of education, including the National Service Training Program (NSTP), whether private or public, including formal and nonformal, technical- vocational, indigenous learning, and out-of-school youth courses and programs. The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs and the SK councils shall encourage community, specifically the youth, participation in disaster risk reduction and management activities, such as organizing quick response groups, particularly in identified disaster-prone areas, as well as the inclusion of disaster risk reduction and management programs as part of the SK programs and projects. The public sector employees shall be trained in emergency response and preparedness. The training is mandatory for such employees to comply with the provisions of this Act. Section 15. Coordination During Emergencies. – The LDRRMCs shall take the lead in preparing for, responding to, and recovering from the effects of any disaster based on the following criteria: (a) The BDC, if a barangay is affected; (b) The city/municipal DRRMCs, If two (2) or more barangays are affected; (c) The provincial DRRMC, if two (2) or more cities/municipalities are affected; (d) The regional DRRMC, if two (2) or more provinces are affected; and (e) The NDRRMC, if two (2) or more regions are affected. The NDRRMC and intermediary LDRRMCs shall always act as support to LGUs which have the primary responsibility as first disaster responders. Private sector and civil society groups shall work in accordance with the coordination mechanism and policies set by the NDRRMC and concerned LDRRMCs. Section 16. Declaration of State of Calamity. – The National Council shall recommend to the President of the Philippines the declaration of a cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria set by the National Council. The President’s declaration may warrant international humanitarian assistance as deemed necessary. The declaration and lifting of the state of calamity may also be issued by the local sanggunian, upon the recommendation of the LDRRMC, based on the results of the damage assessment and needs analysis. Section 17. Remedial Measures. – The declaration of a state of calamity shall make mandatory the Immediate undertaking of the following remedial measures by the member-agencies concerned as defined in this Act: (a) Imposition of price ceiling on basic necessities and prime commodities by the President upon the recommendation of the implementing agency as provided for under Republic Act No. 7581, otherwise known as the “Price Act”, or the National Price Coordinating Council; (b) Monitoring, prevention and control by the Local Price Coordination Council of overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products; (c) Programming/reprogramming of funds for the repair and safety upgrading of public infrastructures and facilities; and (d) Granting of no-interest loans by government financing or lending institutions to the most affected section of the population through their cooperatives or people’s organizations. Section 18. Mechanism for International Humanitarian Assistance. – (a) The importation and donation of food, clothing, medicine and equipment for relief and recovery and other disaster management and recovery-related supplies is hereby authorized in accordance with Section 105 of the Tariff and Customs Code of the Philippines, as amended, and the prevailing provisions of the General Appropriations Act covering national internal revenue taxes and import duties of national and local government agencies; and (b) Importations and donations under this section shall be considered as importation by and/or donation to the NDRRMC, subject to the approval of the Office of the President. Section 19. Prohibited Acts. – Any person, group or corporation who commits any of the following prohibited acts shall be held liable and be subjected to the penalties as prescribed in Section 20 of this Act: (a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and misuse of funds; (b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including appropriate technology, tools, equipment, accessories, disaster teams/experts; (c) Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other and commodities which are intended for distribution to disaster affected communities; (d) Buying, for consumption or resale, from the recipient disaster affected persons any relief goods, equipment or other aid commodities received by them; (e) Selling of relief goods, equipment or other aid commodities which are intended for distribution to disaster victims; (f) Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned to a specific group of victims or relief agency; (g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than the rightful recipient or consignee; (h) Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not intended for nor consigned to him/her; (i) Misrepresenting the source of relief goods, equipment or other aid commodities by:  (1) Either covering, replacing or defacing the labels of the containers to make it appear that the goods, equipment or other aid commodities came from another agency or persons; (2) Repacking the! goods, equipment or other aid commodities into containers with different markings to make it appear that the goods came from another agency or persons or was released upon the instance of a particular agency or persons; (3) Making false verbal claim that the goods, equipment or other and commodity m its untampered original containers actually came from another agency or persons or was released upon the instance of a particular agency or persons; (j) Substituting or replacing relief goods, equipment or other aid commodities with the same items or inferior/cheaper quality; (k) Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC; (l) Deliberate use of false at inflated data in support of the request for funding, relief goods, equipment or other aid commodities for emergency assistance or livelihood projects; and (m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia. Section 20. Penal Clause. – Any individual, corporation, partnership, association, or other juridical entity that commits any of the prohibited acts provided for in Section 19 of this Act shall be prosecuted and upon conviction shall suffer a fine of not less than Fifty thousand pesos (Php50,000.00) or any amount not to exceed Five hundred thousand pesos (php500,000.00) or imprisonment of not less than six (6) years and one (1) day or more than twelve (12) years, or both, at the discretion of the court, including perpetual disqualification from public office if the offender IS a public officer, and confiscation or forfeiture in favor of the government of the objects and the instrumentalities used in committing any of herein prohibited acts. If the offender is a corporation, partnership or association, or other juridical entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for the violation without prejudice to the cancellation or revocation of these entities license or accreditation issued to them by any licensing or accredited body of the government. If such offender is an alien, he or she shall, in addition to the penalties prescribed in this Act, be deported without further proceedings after service of the sentence. However, the prosecution for offenses set forth in Section 19 of this Act shall be without prejudice to any liability for violation of Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, and other civil liabilities. Section 21. Local Disaster Risk” Reduction and Management Fund (LDRRMF). – The present Local Calamity Fund shall henceforth be known as the Local Disaster Risk Reduction and Management Fund (LDRRMF). Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities, and for the payment of premiums on calamity insurance. The LDRRMC shall monitor and evaluate the use and disbursement of the LDRRMF based on the. LDRRMP as incorporated in the local development plans and annual work and financial plan. Upon the recommendation of the LDRRMO and approval of the sanggunian concerned, the LDRRMC may transfer the said fund to support disaster risk reduction work of other LDRRMCs which are declared under state of calamity. Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people In communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible. Unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of supporting disaster risk reduction and management activities of the LDRRMCs within the next five (5) years. Any such amount still not fully utilized after five (5) years shall revert back to the general fund and will be available for other social services to be identified by the local sanggunian. Section 22. National Disaster Risk” Reduction and Management Fund. – (a) The present Calamity Fund appropriated under the annual General Appropriations Act shall henceforth be known as the National Disaster Risk Reduction and Management Fund (NDRRM Fund) and it shall be used for disaster risk reduction or mitigation, prevention and preparedness activities such as but not limited to training of personnel, procurement of equipment, and capital expenditures. It can also be utilized for relief, recovery, reconstruction and other work or services in connection with natural or human induced calamities which may occur during the budget year or those that occurred in the past two (2) years from the budget year. (b) The specific amount of the NDRRM Fund and the appropriate recipient agencies and/or LGUs shall be determined upon approval of the President of the Philippines in accordance with the favorable recommendation of the NDRRMC. (c) Of the amount appropriated for the NDRRM Fund, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible. (d) All departments/agencies and LGUs that are allocated with DRRM fund shall submit to the NDRRMC their monthly statements on the utilization of DRRM funds and make an accounting thereof in accordance with existing accounting and auditing rules. (e) All departments, bureaus, offices and agencies of the government are hereby authorized to use a portion of their appropriations to implement projects designed to address DRRM activities in accordance with the guidelines to be issued by the NDRRMC in coordination with the DBM. Section 23. Funding of the OCD. – As lead agency to carry out the provisions of this Act, the OCD shall be allocated a budget of One billion pesos (Php1,000,000,000.00) revolving fund starting from the effectivity of this Act. Section 24. Annual Report. – The National Council, through the OCD, shall submit to the Office of the President, the Senate and the House of Representatives, within the first quarter of the succeeding year, an annual report relating to the progress of the implementation of the NDRRMP. Section 25. Implementing Rules and Regulations. – The NDRRMC. through its Chairperson shall issue the necessary rules and regulations for the effective implementation of this Act within ninety (90) days after approval of this Act. The OCD. in consultation with key stakeholders shall take the lead in the preparation of the implementing rules and regulations with the active involvement of the technical management group of the NDRRMC. Section 26. Congressional Oversight Committee. – There is hereby created a Congressional Oversight Committee to monitor and oversee the implementation of the provisions of this Act. The Committee shall be composed of six (6) members from the Senate and six (6) members from the House of Representatives with the Chairpersons of the Committees on National Defense and Security of both the Senate and the House of Representatives as joint Chairpersons of this Committee. The five (5) other members from each Chamber are to be designated by the Senate President and the Speaker of the House of Representatives. respectively. The minority shall be entitled to pro rata represent3tion but shall have at least two (2) representatives from each Chamber. Section 27. Sunset Review. – Within five (5) years after the effectivity of this Act, or as the need arises, the Congressional Oversight Committee shall conduct a sunset review. For purposes of this Act, the term “sunset review” shall mean a systematic evaluation by the Congressional Oversight Committee of the accomplishments and impact of this Act, as well as the performance and organizational structure of its implementing agencies, for purposes of determining remedial legislation. Section 28. Repealing Clause. – Presidential Decree No. 1566 and all other laws, decrees, executive orders, proclamations and other executive issuance’s which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly. Section 29. Separability Clause. – If any provision of this Act shall be held unconstitutional or invalid, the other provisions not otherwise affected shall remain m full force and effect. Section 30. Effectivity Clause. – This Act shall take effect fifteen (15) days following its complete publication in the Official Gazette or in two (2) national newspapers of general circulation.  Source: https://ndrrmc.gov.ph/images *The Framework was adopted at the Third UN World Conference on Disaster Risk Reduction in Sendai, Japan, on March 18, 2015 Test yourself: 1. Why is it important to have coordination? 2. Who can and when to declare a state of Calamity? 3. What is the legal basis based on the NSTP Law why we need to know about the RA 10121? Lesson 2: Implementing Rules and Guidelines of RA 10121 Highlights from RA 10121 Lesson 3: Lessons from the Field Below is the abstract of the study written by A.M.F. Lagmay, a UP Professor “The floods brought about by tropical storm Ondoy and typhoon Pepeng were the latest amongst the disasters that have plagued the Philippines year after year. In the last five years, catastrophes have inflicted thousands of deaths and costly damage to property amounting to billions of pesos. These disasters should be viewed not as one-off extreme events but as a manifestation of unresolved problems of planning and development. Proper contingency and developmental planning strategies in support of protecting life and property against natural hazards, is therefore an imperative. Following much-improved understanding of natural processes that underlie hazardous events, it is only with public policy application of technology as well as scientific (geophysical) and engineering knowledge that disasters can be effectively mitigated. This paper presents the major disasters in the Philippines over the last 5 years and the lessons learned from them. It also presents the key advanced technologies that can be used for disaster planning and how they can help mitigate natural calamities.” Tropical storm Ondoy – Excerpts from Lagmay et al., 2010 Tropical Storm Ondoy brought record flooding in Manila, the capital of the Philippines on the island of Luzon. A record 448.5 mm (17.6 inches) of rain fell in Metro Manila between 8:00 am and 8:00 pm local time of 26 September 2009, more than a month’s worth of rainfall for the area and nearly double than the 200-305 mm dumped by Hurricane Katrina in Louisiana, USA (Knabb et al., 2005). The consequent floods brought large portions of a mega city of over 11 million citizens to a virtual standstill. In the 12 hours of continuous rainfall, flood waters rose from waist level to about two storeys high in many different areas in Luzon, especially within Metro Manila. Entire streets in the cities/municipalities of Antipolo, Cainta, Quezon, Makati, Malabon, Manila, Marikina, Montalban, Paranaque, Pasay, Pasig, Pateros, San Juan, San Mateo, Taguig and Valenzuela were submerged. Hardest hit by the killer floods were Marikina and Pasig, cities built within a 22 fault-bounded valley east of Manila. The deluge left 464 fatalities with 37 missing and 529 injured (NDCC, 2009b). In total, 4.73 million people were affected with 26,959 houses damaged (NDCCa, 2009). Estimates of the devastation wrought by the widespread flooding is US$226.14 million broken down into PhP 79.72 million for infrastructure and PhP 146.42 million for agriculture (NDCC, 2009a). Tropical storm Ondoy (International codename Ketsana) was first spotted in the Philippine Sea on 24 September 2009. By 11:00 pm local time (1500 UTC), its center was located 611 km east of Manila moving west-northwest at 16 km/h (Gutro, 2009). Following its forecasted track, Ondoy made landfall on 26 September shortly before 12:00 noon local time (0400 UTC), near the border of Aurora and Quezon provinces, packed with maximum winds of 85 km/h near the center and gustiness up to 100 kmh−1 (Ubalde, 2009). The slow-moving storm crossed Central Luzon before exiting the western seaboard towards the South China Sea. Ondoy was located 230 km west-northwest of Iba, Zambales by the morning of 27 September 2009 en route to Vietnam. The storm delivered variable rainfall over Metro Manila. The total precipitation from 25-26 September 2009 is 173.5 mm (6.8 inches) over Manila (Port Area Gauge Station) and 530.6 mm (20.9 inches) over Quezon City (Science Garden Gauge Station). Rainfall intensity was highest between 11:00 am-12:00 pm of 26 September with a precipitation rate of 92 mmhr−1. The tropical rainfall mapping mission satellite (TRMM) measurement of accumulated rainfall in Luzon from September 21 to 28, 2009, are on the order of 375 mm ( 15 inches) to over 475 mm ( 19 inches) with the highest record near Manila amounting to 585.5 mm ( 24 inches). The enhanced rainfall over the Manilaside of the island as the storm approached is attributed to the interaction of 23 Ketsana’s circulation and the seasonal southwest monsoon (Gutro, 2009). An interactive flood height map where residents of the metropolis provided their anecdotal accounts of the deluge show inundation ranging from ankle high to more than two storeys high (Figure 6). The distribution of flooding is variable with most of the high-level floods occurring in areas near river channels, creeks and floodplains. River water rose 9 m and in many instances reached the base of bridge spans. Even in places normally not known to flood, roads transformed into rivers of torrent within minutes. Flow velocities were as high as 5.5 ms−1 along main river channels and their overbanks. Fig. 6. Interactive input of flood heights by metro citizens during tropical storm Ondoy using Google Maps. The map was created on 27 September 2009. Along the banks of the swollen Marikina River and its tributaries, rampaging waters swept urban poor residents as they stood on their shanties. The floods spawned into many middle- and up-scale residential houses and commercial areas drowning people unable to climb their rooftops. The severe flooding clogged public and private roads, creating mammoth traffic in every city of Greater Manila. In some areas, rapidly rising floods in the streets submerged 24 vehicles, with instances of passengers still onboard. Food stores, internet caf´es, entertainment plazas, banks, government agencies, commercial stores, hospitals and residential houses were drenched in mud (Arquiza, 2009; Tharoor, 2009). At the height of the flooding, about 100,000 liters of bunker oil from the building of Noah’s Paper Mill in Marikina City spilled. Most of the oil engulfed several communities of Marikina City complicating rescue efforts (Recuenco, 2009). Ondoy caused the total shutdown of electricity in the hard hit cities of Marikina, Pasig and Taguig. International flights were cancelled at the Ninoy Aquino International Airport for nearly a day. The top five causes of deaths during the disaster were drowning, injuries, electrocution, asphyxia secondary to landslide and heart attack due to panic. In evacuation centers, the top five morbidities were acute respiratory tract infection, skin infection/wounds, diarrhea, febrile illness and pneumonia (DOH, 2009). Leptospirosis, a bacterial infection commonly transmitted in floodwaters contaminated by the urine of rats and other animals was responsible for 89 deaths of the 1,027 persons afflicted and confined in 15 hospitals. The number of leptospirosis cases monitored by the Department of Health already exceeded the 800 cases monitored for the whole of 2008 in the entire country and is still rising (Bordadora, 2009). The extreme flood that devastated Metro Manila was primarily due to the extremely heavy downpour on Saturday of 26 September 2010. The more than 400 mm of rains delivered over the span of 12 hours in Metro Manila is the highest in recorded history. Rapid and poorly planned urbanization compounded by the intense rate of precipitation led to massive flooding. Encroachment of concrete surfaces, densification of building and residential areas, silting of riverbeds and canals, obstruction of waterways by informal settlers (Vicente et al., 2006), clogging of floodways by garbage, narrowing of 25 rivers due to land use onto floodplains, disappearance of small rivers, forest degradation and reclamation of coastal land (Nantes-Zoleta, 2000), all contributed to the generation of massive floods. Further complicating the problem is ground subsidence. From the period 1978 to 2000, parts of Metro Manila sank by an amount ranging from 0.16 to 1.46 m at an average rate of about 4 cmyr−1 (Rodolfo and Siringan, 2006). The probable causes of subsidence are attributed to excessive groundwater extraction, lithological compaction and tectonic movement and are the subject of ongoing research by the authors. Flash floods in Manila occur annually and were recognized as early as the Spanish colonial period (1521-1898). Nonetheless, the deluge brought by Tropical Storm Ondoy caught everyone by surprise. Previously a community or household concern, flash floods which merely caused inconvenience to some neighborhoods has become a disaster of unimagined proportions with a scale constituting a national disaster. The attention brought by Ondoy, hopefully, can focus future efforts to address the growing concern of worsening floods complicated by uncontrolled urbanization in the capital of the Philippines. Climate change may have been responsible for the extreme rainfall during Tropical Storm Ondoy but is an assertion that needs validation by historical data. The less than 70 year rainfall record in Metro Manila is insufficient to test this hypothesis. Regardless of the influence of climate change, what is necessary is to address the changes that must be done in a system as a whole.  Lessons learned and recommendations Like in any disaster, people and government were caught by surprise on the unfateful day of 26 September 2009. Otherwise, we could have been prepared for the floods spawned by Ondoy. Had we exercised due diligence, we could 26 have saved lives if we were armed with rescue boats, rehearsed search and rescue plans, and maps that identified road blocks and emergency access routes. Did we not know that a deluge of Ondoy’s extent could happen? Although Ondoy is a 100-150 year flood event (Liongson, 2009), we did in fact know of flood-prone areas in Metro Manila and as early as the 1970’s, maps depicting rough approximations of flood-prone areas in Marikina were already available. What happened during Ondoy was our failure to implement well-thought of urban development plans because conversion of real estate to prime development property was more important and valuable. People built their houses, factories and even malls onto flood plains of the Marikina River and other river systems of the Metropolis. Local government tolerated informal settlers along waterways and canals because among other things, they are vote-rich communities. If government is serious with addressing the flood problem, they should strictly implement Article 51 of the water code of the Philippines pertaining to easement and occupation of land near waterways (Figure 7). Article 51 states: The banks or rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to the easement of public use in the interest of recreation, navigation, flotage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, flotage, fishing or salvage or to build structures of any kind. The department of Public Works should also regulate flood plain encroachment in Marikina Valley according to Article 53 of the water code because it is highly vulnerable to floods. Article 53 states: To promote the best interest 27 and the coordinated protection of flood plain lands, the Secretary of Public Works, Transportation and Communications may declare flood control areas and promulgate guidelines for governing flood plain management plans in these areas. Most of the flooding and damage during Ondoy occurred beside river and stream channels. With this basic action of relocating occupants away from the river and riverbanks and by not allowing encroachment of factories, malls and villages onto flood plains, many lives would already be saved in case of a repeat of the Ondoy event. It will leave channels open for increased conveyance capacity and consequently lower potential water levels of overbank flow onto flood plains. References: Republic Act No. 10121 Retrieved from https://www.officialgazette.gov.ph/2010/05/27/republic-act-no-10121/, 2021 Philippine Disaster Reduction and Management Act (RA 10121) https://climate-laws.org/geographies/philippines/laws/philippine-disaster-reduction-and- management-act-ra-10121 https://ndrrmc.gov.ph/attachments/article/95/Implementing_Rules_and_Regulartion_RA _10121.pdf https://ndrrmc.gov.ph/images/NDRRMC/Sendai_Framework_for_DRR_2015_- _2030.jpg Sendai Framework for Disaster Risk Reduction 2015-2030 https://www.undrr.org/publication/sendai-framework-disaster-risk-reduction-2015-2030 Lagmay. A. M. (n.d). Lessons from recent Philippine disasters. Retrieved from https://www.academia.edu/693831/Lessons_from_recent_Philippine_disasters, 20-21