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Copy of ra 10121

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Hammurabi Bugtai

on 18 March 2014

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Transcript of Copy of ra 10121

Republic Act No. 10121
“The Philippine Disaster Risk Reduction and Management Act of 2010”(DRRM Act)

Approved: May 27, 2010

Presented by:

SWO-IV, Chief Technical Division
Adviser and Former President-Rescue29
Member-PCCDRRMC Secretariat
*Implementing Rules and Regulations was approved on September 27, 2010
Outline of Presentation
Salient Features of RA 10121
21 years in the making

7 Congresses

4 Administration
“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”
RA 10121

*Transforms and modernizes the Philippine disaster management system

*Repeals P.D. 1566

*Shifts its focus from emergency relief and response (post-disaster) to disaster prevention and risk reduction (pre-disaster)
Institutionalizes the best practices of local communities which have been implementing effective DRRM.
What is
*Provides a responsive and proactive manner of addressing disasters through a framework that:

*Prioritizes on community level DRRM focusing on the most vulnerable sectors

*Strengthens local capacities

*Ensures broad-based and greater participation from Civil Society

*Addresses the root causes of disaster risks
Salient Features of RA 10121
-Coherence with the international framework
-Adherence to universal norms, principles, and standards of humanitarian assistance
-Good governance through transparency and accountability
-Strengthened institutional mechanism for DRRM
-Integrated, coordinated, multi-sectoral, inter-agency, and community-based approach to disaster risk reduction
• Empowerment of Local Government Units (LGUs) and Civil Society Organizations (CSOs) as key partners in disaster risk reduction
Integration of the DRRM into the educational system

• Establishment of the Disaster Risk Reduction and Management Fund (DRRMF) at the national and local levels
Providing for provisions on the declarationof a state of calamity, remedial measures, prohibited acts and penalties therefor.
Basis of RA 10121
The Hyogo Framework for Action (HFA)
Strategic Goals:

(a) Effective integration of disaster risk considerations into sustainable development policies, planning and programming at all levels - disaster prevention, mitigation, preparedness and vulnerability reduction
(b) Development and strengthening of institutions, mechanisms and capacities at all levels
(c) Systematic incorporation of risk reduction approaches into the design and implementation of emergency preparedness, response and recovery programmes in the reconstruction of affected communities.
The Hyogo Framework for Action (HFA)

Priorities for Action:
Key Players under RA 10121
NDRRMC (Sec. 5)
RDRRMC (Sec. 10)

Composition (Rule 4, Sec. 2)

Existing regional offices of OCD

Metro Manila Disaster Risk Reduction and Management Council (Rule 4, Sec. 6)

RDRRMC-Autonomous Region in Muslim Mindanao (ARRM) (Rule 4, Sec. 7)
LDRRMC Members (Sec. 11(a)
Functions of DRRMO
The provincial, city and municipal DRRMOs or BDRRMCs shall perform the following functions with impartiality given the emerging challenges brought by disasters of our times:

Design, program, and coordinate disaster risk reduction and management activities consistent with the National Council’s standards and guidelines;

Facilitate and support risk assessments and contingency planning activities at the local level;
Consolidate local disaster risk information which includes natural hazards, vulnerabilities, and climate change risks, and maintain a local risk map;

Organize and conduct training, orientation, and knowledge management activities on disaster risk reduction and management at the local level;

Operate a multihazard early warning system, linked to disaster risk reduction to provide accurate and timely advice to national or local emergency response organizations and to the general public, through diverse mass media, particularly radio, landline communications, and technologies for communication within rural communities;
Formulate and implement a comprehensive and -integrated LDRRMP in accordance with the national, regional and provincial framework, and policies on disaster risk reduction in close coordination with the local development councils (LDCs);

Prepare and submit to the local sanggunian through the LDRRMC and the LDC the annual LDRRMO Plan and budget, the proposed programming of the LDRRMF, other dedicated disaster risk reduction and management resources, and other regular funding source/s and budgetary support of the LDRRMO/BDRRMC;
Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the LGUs, CSOs, private groups and organized volunteers, to utilize their facilities and resources for the protection and preservation of life and properties during emergencies in accordance with existing policies and procedures;

Identify, assess and manage the hazards, vulnerabilities and risks that may occur in their locality;

Disseminate information and raise public awareness about those hazards, vulnerabilities and risks, their nature, effects, early warning signs and counter-measures;
Identify and implement cost-effective risk reduction measures/strategies;

Maintain a database of human resource, equipment, directories, and location of critical infrastructures and their capacities such as hospitals and evacuation centers;

Develop, strengthen and operationalize mechanisms for partnership or networking with the private sector, CSOs, and volunteer groups;

Take all necessary steps on a continuing basis to maintain, provide, or arrange the provision of, or to otherwise make available, suitably-trained and competent personnel for effective civil defense and disaster risk reduction and management in its area;
Organize, train, equip and supervise the local emergency response teams and the ACDVs, ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to breastfeed;

Respond to and manage the adverse effects of emergencies and carry out recovery activities in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children, endeavor to create a special place where internally-displaced mothers can find help with breastfeeding, feed and care for their babies and give support to each other;

Within its area, promote and raise public awareness of and compliance with this Act and legislative provisions relevant to the purpose of this Act;
Serve as the secretariat and executive arm of the LDRRMC;

Coordinate other disaster risk reduction and management activities;

Establish linkage/network with other LGUs for disaster risk reduction and emergency response purposes;

Recommend through the LDRRMC the enactment of local ordinances consistent with the requirements of this Act;
Implement policies, approved plans and programs of the LDRRMC consistent with the policies and guidelines laid down in this Act;

Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and Management Operations Center;

Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of the LDRRMF and other dedicated disaster risk reduction and management resources to the local Commission on Audit (COA), copy furnished the regional director of the OCD and the Local Government Operations Officer of the DILG; and

Act on other matters that may be authorized by the LDRRMC.
What governs DRRM implementation?
CSO Participation:
Section 2(d) of RA no. 10121
Sets forth as A policy of the state to “adopt A disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socio-economic and environmental impact 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.”
The OCD is tasked to “create an enabling environment for substantial and sustainable participation of CSOs, private groups, volunteers and communities, and recognize their contributions in the government’s disaster risk reduction efforts” (sec. 9(l))
CSO Participation...
LDRRMOs are mandated to “develop, strengthen and operationalize mechanisms for partnership or networking with the private sector, CSOs, and volunteer groups” (sec. 12(c)(13))

Membership of the CSOs in the NDRRMC (sec. 5(hh)), in the LDRRMCs (sec. 11(a)(17)) and in the BDRRMC (sec. 12(d)) is mandatory and provided for in the act.
Consultations with key stakeholders is required with respect to identification, assessment and prioritization of hazards and risks (Sec. 9(c)), development of a manual of operations for volunteers (Sec. 9(o)), and formulation of the implementing rules and regulations (IRR) of the Act (Sec. 25)

Multi-stakeholder participation in the development, updating and sharing of a Disaster Risk Reduction and Management Information System and Geographic Information System-based national risk map as policy, planning and decision-making tools (Sec. (6)(d)).
A system of accreditation, mobilization and protection of disaster volunteers, National Service Reserve Corps, CSOs and the private sector (Sec. 13)

Mobilization and utilization of their facilities and resources in DRR activities and during emergencies
Risk Assessment
Enhancement of risk assessment

development of assessment tools (Sec. 6(j))

OCD and LDRRMOs are mandated to take the lead in risk assessment (Sec. 9(c); Sec. 12(c)(9))

development of a Disaster Risk Reduction and Management Information System and Geographic Information System-based national risk map (Sec. 6(d))
Knowledge Management
Enhancement of knowledge management

establishment of a Disaster Risk Reduction and Management Information System (Sec. 6(d))

Conduct research programs and periodic awareness and education programs through the DRRM Training Institutes what will be established by the OCD (Sec. 9(i))

Consolidation of local disaster risk information; maintenance of a local risk map (Sec. 12(c)(3))
Conduct of training, orientation and knowledge management activities on DRR (Sec. 12(c)(4))

formulation of SOP on information-sharing among government agencies and on the communication system (Sec. 9 (g) and (h))

establishment of a national early warning and alert system (Sec. 6(e))/operation of a multi-hazard early warning system (EWS) (Sec. 12(c)(5))
Vulnerability Reduction
Addressing risks through a broad range of sectors via mainstreaming
Consistency of the physical framework, social, economic and environmental plans of LGUs with the NDRRMP (Sec. 9(b))
Review and evaluation by OCD of LDRRMP to facilitate integration of DRR measures into the local CDP and CLUP (Sec. 9(e))
Integration of DRR and CCA in local development plans, programs and budgets (Sec. 11(b)(2))
Close coordination between the LDRRMOs and the LDCs in the formulation of the LDRRMP (Sec. 12(c)(6))
Public awareness and information dissemination; building awareness of disaster risks and measures (Sec. 12 (c)(10) and (17))
Other mechanisms for increasing the resilience of the poor and
the most vulnerable as mentioned / instituted in the law:

Fund of training personnel

Procurement of equipment, and capital expenditures

gender-sensitivity considerations;

promotion of breast-feeding; and,

Conduct of participatory risk assessments

Establishment of early warning systems
Conduct of emergency drills
Public awareness campaign
Purchase of communication equipment
construction of safe evacuation centers
Disaster Preparedness
Capacity Building

Formulation of a national institutional capability building program for DRRM (Sec. 6(l))

establishment of Disaster Risk Reduction and Management Training institutes by the OCD which shall train individuals on DRM and educate new elective officials and members of the LDRRMCs (Sec. 9(i))

public awareness programs and activities to provide stakeholders with knowledge and skills in preparing for disasters

Integration of Disaster Risk Reduction Education into the school curricula and Sangguniang Kabataan (SK) Program and mandatory training for the public sector employees(Sec. 14)
Capacity Building

The LDRRM Fund can be utilized for pre-disaster preparedness programs such as:
a. training
b. purchasing life-saving rescue equipment
c. stockpiling of food
d. medicine
Disaster Response (post-disaster)
Declaration/Lifting of a state of calamity (Sec.16)
By the President upon recommendation of the NDRRMC

By the local sanggunian within its locality upon recommendation of the LDRRMC
-Based on damage assessment and needs analysis
-The NDRRMC shall determine the criteria for the declaraion and
lifting of a state of calamity, including epidemics (Rule 12, Sec. 3)
Coordination during emergencies (Sec. 15)
LGUs (through the LDRRMCs) - leads as the “first disaster responders”
The BDC, if a barangay is affected;
The City/Municipal DRRMCs, if two (2) or more barangays are affected;
The Provincial DRRMC, if two (2) or more cities/municipalities are affected;
The Regional DRRMC, if two or more provinces are affected; and
The NDRRMC, if two or more regions are affected.
Remedial measures (Sec. 17)

1. Imposition of a price ceiling on basic necessities and prime commodities;

2. Prevention of overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;

3. Programming/reprogramming of funds for the repair and upgrading of public infrastructure; and,

4. Granting of no-interest loans by government financing institutions to the most affected population.
Mechanism for International Humanitarian Assistance

Importation and donation of goods for relief and recovery

Request for International Assistance may be made by the President upon recommendation of the NDRRMC (Rule 14, Sec. 1) or by directly by the LDRRMCs (Rule 14, sec. 2)
Prohibitions (Sec. 19)
Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and misuse of funds

Preventing the entry and distribution of relief goods in disaster-stricken areas, including appropriate technology, tools, equipment, accessories, disaster teams/experts;

Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other aid commodities which are 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 which are intended for distribution to disaster victim;

Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than the rightful recipient or consignee;

Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not intended for nor consigned to him/her;
Misrepresenting the source of relief goods, equipment or other aid commodities by:

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;
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;
Making false verbal claim that the goods, equipment or other aid commodity in its untampered original containers actually came from another agency or persons or was released upon the instance or a particular agency or persons;
Substituting or replacing relief goods, equipment or other aid commodities with the same items or inferior/cheaper quality;

Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC;

Deliberate use of false or inflated data in support of the request for funding, relief goods, equipment or other aid commodities for emergency assistance or livelihood projects; and

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 PhP 50,000.00 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

NDRRM Fund – appropriated under the GAA; QRF = 30%

Uses of the NDRRM Fund:

Disaster risk reduction or mitigation, prevention and preparedness activities such as but not limited to training of personnel, procurement of equipment, and capital expenditures;
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.

LDRRMF - not less than five percent (5%) of the estimated revenue from regular sources ;
Quick Response Fund = 30%

Uses of the LDRRMF:
pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines;
post-disaster activities; and,
payment of premiums on calamity insurance
LDRRMC may transfer the said fund to support DRR work to other LDRRCs which are declared under state of calamity.

Special Trust Fund for unexpended LDRRMF

solely for the purpose of supporting DRRM activities of the LDRRMCs within the next five (5) years

- amount still not fully utilized after five (5) years reverts back to the general
Ensuring continued relevance and effectiveness of the DRRM Act

Regular review of the NDRRMF - NDRRMF is subject to regular review every five (5) years or as deemed necessary in order to ensure its relevance to the times (Sec. 6(a)).

Monitoring and evaluation - NDRRMC shall monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards required by the Act (Sec. 6(g)); LDRRMC shall approve, monitor and evaluate the implementation of the LDRRMPs and regularly review and test the plan consistent with other national and local planning programs (Sec. 11(b)(1))

Periodic assessment and performance monitoring - The OCD shall conduct period assessment and performance monitoring of NDRRMC member-agencies and RDRRMCs (Sec. 6(p))
Ensuring continued relevance and effectiveness of the DRRM Act

Formulation of national standards - The OCD shall develop and ensure the implementation of national standards in carrying out disaster risk reduction programs including preparedness, mitigation, prevention, response and rehabilitation works, from data collection and analysis, planning, implementation, monitoring and evaluation (Sec. 9(d))

Formulation of a national institutional capability building program for disaster risk reduction and management by the NDRRMC to address specific weaknesses of various government agencies and LGUs, based on the results of a biennial baseline assessment and studies (Sec. 6(1))

Constitution of a technical management group that shall coordinate and meet as often as necessary to effectively manageand sustain national efforts on DRRM (Sec. 6(0))
Ensuring continued relevance and effectiveness of the DRRM Act
Periodic awareness and education programs to accommodate new elective officials and members of the LDRRMCs to be done by the DRRM Training Institutes (Sec. 9(i) par. 3)

Formulation of standard operating procedures in all aspects of DRRM including coordination before and after disasters at all levels (Sec. 9(g))

Submission of by the LDRRMO through the LDRRMC and the LDC of the proposed programming of the LDRRMF to the local sanggunian (Sec. 12(c)(7)) and the report on the utilization of the LDRRMF and other dedicated disaster risk reduction and management resources to the local Commission on Audit (COA) (Sec. 12(c)(24)).
Ensuring continued relevance and effectiveness of the DRRM Act

Monitoring of releases, utilization, accounting and auditing of the LDRRMF in accordance with the guidelines and procedures provided by the NDRRMC (Sec. 6(i)).

Sunset review
- 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; to be conducted within five (5) years after the effectivity of this Act, or as the need arises
In order that its goals, objectives and
policies are attained.

There shall be an established Local Disaster Risk Reduction and Management Office initially organized and composed of a DRRMO to be assisted by three staff responsible for (1) administration and training; (2) research and planning and (3) operation and warning.

There is a need for more personnel/staff to run an office.
Concurrence of the Honorable Sangguniang Panlalawigan / Panlunsod/ Pangbayan / Barangay Members for the enactment of an appropriate ordinance creating the Disaster Risk Reduction and Management Office, including the allocation of necessary staffing/personnel and budget.
Updated Legal Authority
Chairman: Secretary, Dept. of National Defense
Secretary, Dept. of Int.& Local Govt.
Secretary, Dept. of Public Works and Highway
Secretary, Dept. of Health
Secretary, Dept. of Social Welfare
Secretary, Dept. of Agriculture
Secretary, Dept. of Education
Secretary, Dept. of Finance
Secretary, Dept. of Labor & Employment
Secretary, Dept. of Trade & Industry
Secretary, Dept. of Trans. & Comm.
Secretary, Dept. of Science & Tech.
Secretary, Dept. of Budget
Secretary, Dept. of Justice
Secretary, Dept. of Environment & Natural Resources
Director, Phil. Info. Agency
Sec-Gen - Phil Nat’l Red Cross
Chief of Staff, AFP
Executive Officer: Administrator, Office of Civil Defense / Member
Chairperson: Secretary, DND
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
Operating Facility: National DRRMOC
Old NDCC Composition
Nineteen (19) Agencies
New NDRRMC Composition
Forty-Four (44) Agencies
Local (Provincial/City/Municipal) Disaster Risk Reduction and Management Councils (LDRRMC)
Chairperson: Governor/Mayor (Local Chief Executive)
18 Members: but not limited to the following:

1. Local Planning and Development Officer;
2. Head of the LDRRMO,
3. Head of the Local Social Welfare and Development
4. Head of the Local Health Office,
5. Head of the Local Agriculture Office,
6. Head of the Gender and Development Office,
7. Head of the Local Engineering Office,
8. Head of the Local Veterinary Office,
9. Head of the Local Budget Office,
10.Division Head/Superintendent of Schools of the
11.Provincial Director/City/Municipal Officer of the
Department of Interior and Local Government
12.Highest-ranking Officer of the Armed Forces of the
Philippines assigned in the area,
13.Provincial Director/City/Municipal Chief of the
Philippine National Police (PNP),
14.Provincial Director/City/Municipal Fire Marshall of
the Bureau of Fire Protection (BFP),
15. President of the Association of Barangay Captains
16. Philippine National Red Cross (PNRC),
17. Four (4) accredited CSOs,
18. and One (1) private sector representative
CRITERIA FOR CSO (Civil Society Organization) and Private Sector Representative
Selection of CSOs and the private sector representation in the LDRRMC shall comply with the guidelines to be provided by the National Council for said purpose.

It shall however include accreditation with the concerned LGU and operation of CSO or private sector in its jurisdiction.
These things we do......

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