REPUBLIC OF THE PHILIPPINES

PROVINCE OF ALBAY
Legazpi City

Office of the Sangguniang Panlalawigan

EXCERPTS FROM THE MINUTES OF THE 68th REGULAR SESSION OF THE 11th
SANGGUNIANG PANLALAWIGAN NG ALBAY HELD AT THE SESSION HALL,
PROVINCIAL CAPITOL, LEGAZPI CITY, ON NOVEMBER 11, 2014.

PRESENT:

HON. HAROLD O. IMPERIAL

Vice Governor and Presiding Officer

Hon. Ralph A. Andes Board Member. Floor Leader

Hon. Ramon S. Alsua Board Member
Hon. Job B. Belen Board Member
Hon. Herbert S. Borja Board Member
Hon. Oscar Robert H. Cristobal Board Member
Hon. Richard Benjamin C. Imperial Board Member
Hon. Jose Marino B. Madrilejos Board Member
Hon. Rhederick N. Riva Board Member
Hon. Irineo T. Sales, Jr. Board Member
Hon. Neil L. Montallana Board Member, PCL Rep.

ON OFFICIAL BUSINESS:
Hon. Baby Glenda O. Bongao Senior Board Member

ON LEAVE:
Hon. Joseph Philip L. Lee Board Member, ABC Rep.

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PROVINCIAL ORDINANCE (P.O.) NO. 007-2014

PROHIBITING CERTAIN ACTS IN THE ACQUISITION, HANDLING AND DISTRIBUTION

OF ALL RELIEF GOODS, EQUIPMENT AND OTHER COMMODITIES INTENDED FOR THE
VICTIMS OF CALAMITIES IN THE PROVINCE OF ALBAY, AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.
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AUTHOR: HON. RHEDERICK N. RIVA
CO-AUTHORS: HON. RICHARD BENJAMIN C. IMPERIAL
HON. JOB B. BELEN
HON. JOSE MARINO B. MADRILEJOS
HON. JOSEPH PHILIP L. LEE
HON. BABY GLENDA O. BONGAO
==========================================================================

WHEREAS, global warming, the current phenomenon causing drastic changes in the weather
pattern and conditions around the globe, has made the Philippines one of the countries that are most
vulnerable to the increasing number and intensity of typhoon, flood, earthquake, landslides, volcanic
eruption and other natural calamities;

WHEREAS, as a consequence, the national government enacted 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”, aimed among others at establishing/institutionalizing a disaster risk
reduction management system down to the smallest government unit for the organization of disaster
preparedness and mitigation activities in order to minimize loss of lives and properties;

WHEREAS, in compliance, the Provincial Government of Albay has adopted a ZERO-

CASUALTY POLICY in order to effectively protect the lives and properties of the people of Albay
begore-during and after the calamity, to the fullest extent of its capability by optimizing and maximizing
all available resources within its jurisdiction;

WHEREAS, to attain said policy, preemptive and post-disaster activities are conducted, among
which is the acquisition and storing of sufficient relief goods, equipment and other aid commodities from
different sources which shall be distributed to the victims or would-be victims of the calamity, to alleviate
their miserable conditions, especially the poor people who are required or forced to stay in evacuation
centers.

WHEREAS, the very noble intention of Republic Act No. 10121 otherwise known as the
“Philippine Disaster Risk Reduction and Management Act of 2010”, particularly, in the acquisition,
handling and distribution of all relief goods, equipment and other aid commodities has notably been
defeated by unscrupulous individuals or group of people who are doing their best to take advantage of the
unfortunate situation by employing surreptitious acts that ultimately redound their own selfish benefits;

WHEREAS, following the mandate of Republic Act No. 7160, or the Local Government Code of
1991, specifically Book III, Section 468 (1) (iv), which states that “the Sangguniang Panlalawigan, as the
legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the province and its inhabitants”, the Sangguniang Panlalawigan ng Albay is duty-
bound to adopt/enact this legislative measure to protect the inhabitants of this province from the harmful
effects of man-made or natural disasters and calamities, particularly, from the damaging consequences of
the prohibited acts enumerated in Section 6 of this Ordinance.

NOW, THEREFORE, on motion of Hon. Rhederick Riva seconded unanimously,

BE IT ORDAINED, by the Sangguniang Panlalawigan in session duly assembled, that:

SECTION 1. Title – This Ordinance shall be known as “PROHIBITING CERTAIN ACTS IN

THE ACQUISITION, HANDLING AND DISTRIBUTION OF ALL RELIEF GOODS, EQUIPMENT
AND OTHER COMMODITIES INTENDED FOR THE VICTIMS OF CALAMITIES IN THE
PROVINCE OF ALBAY, AND PROVIDING PENALTIES FOR VIOLATION THEREOF” or the
“Albay Anti Hoarding of all Relief Good, Aid Item and Commodity Ordinance”.

SECTION 2. Declaration of Policy – The Provincial Government hereby adopts all policies
declared and embodied in the “Philippine Disaster Risk Reduction and Management Act of 2010”, with
emphasis on the following:

(a) Uphold the people’s constitutional rights to life and property by addressing the root
causes of vulnerabilities to disasters, strengthening the province’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
province’s commitment to overcome human sufferings due to recurring disasters;

(c) 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,
environmental protection and secured handling and distribution of all relief goods,
equipment and other aid commodities.

SECTION 3. Coverage – This Ordinance shall apply to all cities, municipalities, barangays, and
such other political subdivisions as may be created by law, in the Province of Albay.
 SECTION 4. Purpose – This Ordinance is hereby enacted to suppress the harmful effects of the
prohibited acts enumerated in Section 6 of this Ordinance and impose penalties on the convicted
violators, without prejudice to any liability for violation of Republic Act No. 3815, as amended, otherwise
known as the Revised Penal Code and other civil liabilities;

SECTION 5. Definition of terms – As used in this Ordinance, the following words and phrases
shall mean and be construed as indicated:

a) “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 non-profit institutions serving households.

b) “Hoarding” – amassing of valuable relief goods not intended for stockpiling and storing
the same beyond the period of its distribution to intended recipients such as calamity or
would-be calamity victims which, by virtue of this ordinance shall be one (1) month upon
receipt thereof, for purposes not allowed under this Ordinance;
.
c) “Public Official/Officer” - a person employed by any government agency, unit and/or
instrumentality, occupying position inferior to that of a Public Official/Officer.

d) “Stockpile” – store of large supply of non-perishable or long-lasting goods, equipment

and other aid commodities intended for disaster preparedness, rescue operation, damage
mitigation and/or for distribution to victims or would-be victims of disaster in
anticipation of future difficulties;

e) “Relief Goods” – all perishable goods intended for distribution, such as but not limited to
foods, clothing, and medicines, considered as quick-response to the immediate needs of
victims or would-be victims of calamity in order to bring their life back to normal as
quickly as possible;

f) “Period of Distribution” – the period within which all relief goods shall have been
distributed to the victims or would-be victims of calamity;

SECTION 6. Prohibited Acts – Any person, group or corporation who commits to any of the
following prohibited acts shall be held liable and be subjected to the penalties as prescribed in
Section 7 of this Ordinance:

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 aid 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 delivering 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 relief goods, equipment or other aid commodities to 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/
person;
3) 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 of a particular agency or persons;
j) Substituting or replacing relief goods, equipment or other aid commodities with the same
items of 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 and inflated data in support of the request for funding, relief
goods, equipment or other aid commodities for emergency assistance or livelihood
projects; and
m) Hoarding or amassing of valuable relief goods not intended for stockpiling and storing
the same beyond the period of its distribution to intended recipients such as calamity or
would-be calamity victims which, by virtue of this ordinance shall be one (1) month upon
receipt thereof, for purposes not allowed under this Ordinance;

For the purpose of this Ordinance, any individual, corporation, partnership, association, or other
juridical entity entrusted with custodial responsibility over relief goods coming from any source
by way of donation or purchase which are meant for distribution to calamity or would-be victims
of calamity, and store or keep the same beyond one (1) month or thirty (30) calendar days is
guilty of HOARDING as defined in this Ordinance.

SECTION 7. Penalty Clause – Any individual, corporation, partnership, association, or

other juridical entity that commits any of the prohibited acts provided for in Section 6 of this
Ordinance shall be prosecuted and upon conviction shall suffer the following fines and/or
penalties:

First Offense – One Thousand Pesos (P1,000.00) or imprisonment of two (2) months or
both at the discretion of the court;

Second Offense – Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of sic
(6) months or both at the discretion of the court;

Third Offense – Five Thousand Pesos (P5,000.00) or imprisonment of one (1) year or
both at the discretion of the court including perpetual disqualification from public office
if the offender IS a public officer and/or employee, 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 accrediting body of the
government. If such offender is an alien, he or she shall, in addition to the penalties prescribed in
this Ordinance, be deported without further proceedings after service of the sentence.

However, the prosecution for offenses set forth in Section 6 of this Ordinance shall be
without prejudice to any liability for violation of Republic Act No. 3815, as amended, otherwise
known as the Revised Penal Code, and other civil liabilities.

SECTION 8. Duty of all Local Chief Executives, the Disaster Risk Reduction and
Management Officers and the Social Welfare and Development Officers in the entire
province of Albay – In the exercise of police and regulatory powers of the Provincial
Government of Albay (PGA), and consistent with the provisions of Book III of Republic Act No.
7160, otherwise known as the Local Government Code of 1991, specifically Section 465 (5) for
the Governor, Section 455 (5) for the City Mayor and Section 444 (5) for the Municipal Mayor,
which states that The chief Executives: Powers, duties, functions and compensation- Exercise
such other powers and perform such other duties and functions as may be prescribed by law or
ordinance;
 (a) It shall be the duty of all Local Chief Executives though their respective Disaster
Risk Reduction and Management Officers and the Social Welfare and
Development Officers within their respective jurisdiction to closely monitor the
acquisition, handling and distribution of all relief goods, equipment and other aid
commodities intended for the victims or would-be victims of disaster;

(b) As such, all Local Chief Executives are hereby enjoined to craft and promulgate
through Executive Order, their own Rules and Regulations for the effective
implementation of the provisions of this ordinance in their respective
jurisdictions and file charges in appropriate courts against violator/s.

SECTION 9. IMPLEMENTING RULES AND REGULATIONS (IRR) –

Mechanisms necessary for the effective implementation of the provisions of this Ordinance shall
be promulgated by the Local Chief Executive or the Provincial Governor through an Executive
Order, within sixty (60) days from approval hereof. For this purpose, the Albay Provincial Safety
and Emergency Management Office (APSEMO) or the Provincial Disaster Risk Reduction
Management Office (PSWDO), the Offices of the Provincial Treasurer, Auditor, Account and
Planning and Development Officer, in coordination/consultation with the Commission on Audit
(COA) shall craft an IRR and submit it the same to the Governor for approval.

SECTION 10. REPEALING CLAUSE – All ordinances or other issuances and/or any
part thereof which are inconsistent herewith are hereby repealed or modified accordingly;

SECTION 11. SEPARABILITY CLAUSE – If any provision/s of this ordinance is/are

found to be unconstitutional or invalid, any part hereof which are not affected shall continue to be
in full force and effect.

SECTION 12. EFFECTIVITY CLAUSE – This Ordinance shall take effect after the
approval of the Governor and compliance with the mandatory requirement of publication and/or
posting under Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

WE HEREBY CERTIFY to the correctness of the foregoing

(Sgd.) GRACE T. MAGDAMIT

Secretary to the Sanggunian

RHEDERICK N. RIVA RICHARD BENJAMIN C. IMPERIAL

Author Co-Author

JOB B. BELEN JOSE MARINO B. MADILEJOS

Co-Author Co-Author

JOSEPH PHILIP L. LEE BABY GLENDA O. BONGAO

Co-Author Co-Author

ATTESTED:

HAROLD O. IMPERIAL
Vice Governor & Presiding Officer
APPROVED:

JOSE MA. CLEMENTE SE. SALCEDA

Governor

DATE: Nov 20, 2014

Adan 2014”