Salient Points of Republic Act 10121 or the Philippine Disaster and Risk Reduction Management Act of 2010

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Sec. 5 National Disaster Risk Reduction and Management Council.

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The National Council shall be headed by the Secretary of the Department of National Defense (DND) as Chairperson with the Secretary of the Department of the Interior and Local Government (DILG) as Vice Chairperson for Disaster Preparedness, the Secretary of the Department of Social Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for Disaster Prevention and Mitigation, and the Director-General of the National Economic and Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and Recovery.

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SEC. 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:

(a) Develop a NDRRMF which shall provide for a comprehensive, all-hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management. The Framework shall serve as the principal guide to disaster risk reduction and management efforts in the country and shall be reviewed on a five(5)-year interval, or as may be deemed necessary, in order to ensure its relevance to the times;
(b) Ensure that the NDRRMP is consistent with the NDRRMF;
(c) Advise the President on the status of (disaster preparedness, prevention, mitigation, response and rehabilitation operations being undertaken by the government, CSOs, private sector, and volunteers; recommend to the President the declaration of a state of calamity in areas extensively damaged; and submit proposals to restore normalcy in the affected areas, to include calamity fund allocation;
(d) Ensure a 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;
(e) Establish a national early warning and emergency alert system to provide accurate and timely advice to national or local emergency response organizations and to the general public through diverse mass media to include digital and analog broadcast, cable, satellite television and radio, wireless communications, and landline communications;
(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic protection and increase resiliency in the face of disaster;
(g) Monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards required by this Act;

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SEC. 10. Disaster Risk Reduction and Management Organization at the Regional Level.

The current Regional Disaster Coordinating Councils shall henceforth be known as the Regional Disaster Risk Reduction and Management Councils (RDRRMCs) which shall coordinate, integrate, supervise, and evaluate the activities of the LDRRMCs. The RDRRMC shall be responsible in ensuring disaster sensitive regional development plans, and in case of emergencies shall convene the different regional line agencies and concerned institutions and authorities.

The RDRRMCs shall establish an operating facility to be known as the Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC) whenever necessary.

The civil defense officers of the OCD who are or may be designated as Regional Directors of the OCD shall serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the DSWD, the DILG, the DOST, and the NEDA. In the case of the Autonomous Region in Muslim Mindanao (ARMM), the Regional Governor shall be the RDRRMC Chairperson. The existing regional offices of the OCD shall serve as secretariat of the RDRRMCs. The RDRRMCs shall be composed of the executives of regional offices and field stations at the regional level of the government agencies.

SEC. 11. Organization at the Local Government Level.

The existing Provincial, City, and Municipal Disaster Coordinating Councils shall henceforth be known as the Provincial, City, and Municipal Disaster Risk Reduction and Management Councils. The Barangay Disaster Coordinating Councils shall cease to exist and its powers and functions shall henceforth be assumed by the existing Barangay Development Councils (BDCs) which shall serve as the LDRRMCs in every barangay.

(a) Composition: The LDRRMC shall be composed of, but not limited to, the following:  (1) The Local Chief Executives, Chairperson; (2) The Local Planning and Development Officer, member; (3) The Head of the LDRRMO, member; (4) The Head of the Local Social Welfare and Development Office, member; (5) The Head of the Local Health Office, member; (6) The Head of the Local Agriculture Office, member; (7) The Head of the Gender and Development Office, member; (8) The Head of the Local Engineering Office, member; (9) The Head of the Local Veterinary Office, member; (10) The Head of the Local Budget Office, member; (11) The Division Head/Superintendent of Schools of the DepED, member; (12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area, member; (13) The Provincial Director/City/Municipal Chief of the Philippine National Police (PNP), member; (14) The Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection (BFP), member; (15) The President of the Association of Barangay Captains (ABC), member; (16) The Philippine National Red Cross (PNRC), member; (17) Four (4) accredited CSOs, members; and (18) One (1) private sector representative, member.

(b) The LDRRMCs shall have the following functions: (1) Approve, monitor and evaluate the implementation of the LDRRMPs and regularly review and test the plan consistent with other national and local planning programs;  (2) Ensure the integration of disaster risk reduction and climate change adaptation into local development plans, programs and budgets as a strategy in sustainable development and poverty reduction; (3) Recommend the implementation of forced or preemptive evacuation of local residents, if necessary; and (4) Convene the local council once every three (3) months or as necessary.

SEC. 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.

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SEC. 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 anaysis.

SEC. 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.

SEC. 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.

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