Republic of the Philippines

Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

OPINION NO. _________

____, 2022

HON. EMMYLOU J. TALIÑO - MENDOZA

Governor
This Province

Thru: MS. AURORA P. GARCIA

Provincial Administrator
This Province

Ma’am:

This has reference to your endorsement of a draft Executive Order entitled “An
Order Reconstituting the Planning Team of the Province Cotabato for the
Formulation of the Climate Disaster Risk Assessment (CDRA) Enhanced
Provincial Development and Physical Framework Plan (PDPFP) ” dated
August 19, 2022 and was received by this office on August 19,2022, for legal
opinion.

The proposed Executive Order subject matter is to reorganized the team

designated by the Local Chief Executive, pursuant to an Executive Order for that
purpose which is to conduct climate risk assessment in the Province of Cotabato
and to formulate the corresponding disaster risk and reduction management
framework for the period of nine years from 2023 to 2032.

The conduct of CDRA and formulation of PDPFP is mandated by Republic Act

10121 otherwise known as “An Act Strengthening the Philippine Disaster Risk
Reduction and Management System, Providing for the National Disaster and Risk
Reduction and Management Framework and Institutionalizing the National
Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor
and for other Purposes ” and its Implementing Rules and Regulations. Provided
further on the same act and its IRR, the state acknowledges the importance of
local government units and communities in mitigating and preparing for,
responding to, and recovering from the effects of disasters. Accordingly, localized
disaster risk assessment and disaster risk planning are being employed.

Moreover, the foregoing E.O. is in compliance with Section 465(b)(2)(iii) of

Republic Act No. 7160 otherwise known as the Local Government Code provides
that the provincial chief executive shall “Enforce all laws and ordinances
relative to the governance of the province and the exercise of its corporate
powers provided for under Section 22 of this Code implement all approved
policies, programs, projects, services and activities of the province” and, in
addition to the foregoing, shall xxx “(iii) Issue such executive orders as are
necessary for the proper enforcement and execution of laws and
ordinances”.

“The Welfare of the People is the Supreme Law”

 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

Premises considered and save for some clerical errors and some addendums,
we found no legal infirmity in the foregoing E.O. hence, valid. As such, no
objection is hereby interposed for the issuance thereof by the Honorable
Governor of this Province.

The recommendations referred in the immediately preceding paragraph of the

foregoing E.O. are the following, to wit:

I. Since the E.O. is in line with climate risk and reduction management the
corresponding plan that should be formulated as per R.A. 10121 is the
Provincial Disaster Risk and Reduction Management Plan;

II. In Section 1 thereof, for consistency to the subject of the E.O. ,the heading
should state as follows:

“Section I. Composition of Planning and Assessment Team. The

assessment and planning team shall be composed of the following:”

III. As to the addendum, please include the following addendums:

 SECTION 2 Roles and Responsibilities. The team shall perform the following
functions:

a. Gather and organized data on climate change, disaster and hazards to which
the Province and its constituency have been exposed of or is at risk of;

b. Ascertain the capacity of the Province i.e., the combination of all strengths
and resources available within the Province that can reduce the level of risk,
or effects of a disaster and/or hazard;

c. Identify and assess all the risk i.e, the probability of harmful consequences, or
expected losses (deaths, injuries, properties, livelihood, properties, economic
activity disruption or environment damage) resulting from interactions
between natural, human-induced hazards and vulnerable condition;

d. Develop a database and baseline map base on item a, b and c;

e. Summarize findings by identifying priority decisions areas/sectors based on

the combines level of risk and vulnerabilities, identifying risk management
options, climate change adaptation and

f. Formulate the CDRA Report for adoption by the Sangguniang Panlalawigan,

g. Furnish the CDRA Report to appropriate offices for their references and
implementation/action.;

h. Review and Update the existing Disaster Risk Assessment (DRR) report and
the Climate Change Adaption (CCA) report; and

“The Welfare of the People is the Supreme Law”

 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

i. After risk assessment formulate the Provincial Disaster Risk and Reduction
Management Plan;

 SECTION 3. MEETINGS AND QOURUM. The council shall hold regular

meetings once every quarter on the day, time and place to be determined by
the task force. Special meetings may be called by the chairman or majority of
the members of the task force. Majority of the members of the task force shall
constitute quorum to do business.

For your reference and perusal.

BY:

ATTY. JOHN HAYE C. DELUVIO

Provincial Legal Officer
OPINION/Atty. Diosa Mae

“The Welfare of the People is the Supreme Law”