Republic of the Philippines

HOUSE 0F REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Second Regular Session

HOUSEB|LLNo.9935

Introduced by Representative Jose Manuel F. Alba

AN ACT INSTITUTIONALIZING A MECHANISM ON TIIE DECLARATION OF STATE 0F

IMMINENT DISASTFR; PROVIDING THE CRITERIA FOR SUCH DECLARATION AND
LIFTING; ENABLING ANTIclpATOR¥ MHASURns AND pRoVIDING FUNDs THEREFOR

EXPLANATORY NOTE

The Phhippines is highly vuherable to various natural and man-made disasters, which pose
significant threats to its citizens' lives, properties, and well-being. In recent years, the frequeney
and intensity of disasters have increased due to various factors such as climate change, rapid
urbanization, environmental degradation, and inadequate disaster preparedness and response
mechanisms.

Recognizing the need for a proactive approach to disaster risk management, this proposal
seeks to establish a systematic mechanism for declaring a State of Imminent Disaster. This
mechanism win enable the government to anticipate and respond effectively to impending
disasters, thereby minimizing their adverse impacts on vulnerable communities and enhancing
the country's resihience to disasters.

The proposed legislation provides criteria for declaring a State of Imminent Disaster, including
objective indicators such as weather forecasts, hydrological data, geological assessments, and
other relevant information. It also delineates the respective roles and responsibilities of
government agencies, local government units, and other stakeholders in implementing
anticipatory measures and mobilizing resources to address imminent disaster threats.

Furthermore, the proposed leedslation allocates funds for implementing anticipatory measures,
including pfe-disaster preparedness activities, evacuation and sheltering facilities, emergency
response training, and other necessary interventions. By investing in disaster risk reduction
and management efforts, the government can save lives, protect livelihoods, and minimize
disasters' economic and social costs.
 Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Second Regular Session

HoUSE BILL No. 9 9 3 5

Introduced by Representative Jose Manuel F. Alba

1 AN ACT INSTITUTIONALIZING A MECHANISM ON THE DECLARATION OF

2 STATE OF IMMINENT DISASTER; PROVIDING THE CRITERIA FOR SUCH
3 DECLARATION AND LIFTING; ENABLING ANTICIPATORY MEASURES AND
4 PROVIDING FUNDS THEREFOR

6 Be it enacted by the senate and House of Representatives of the philippines in congress

7 ass embl ed :
8
9 Article I
1o GENERAL PROVISIONS
11

12 SECTION 1. Sfeorf rl.£Je.- This Act shall be known as the "Declaration of State of Imminent
13 Disaster Act. "
14

15 SECTION 2. Dcctorafi.om a/PoJr.ey -It shall be the policy of the state to:
16

17 a) Protect the lives, properties, and livelihoods of its citizens by addressing risks, particularly
18 the root causes of vulnerabilities, exposure to hazards, and the capacity to anticipate and
ig cope with such hazards;
20

1
21 b) Provide maximum care, assistance, protection, and services to individuals and families to
22 be affected by a disaster, implement anticipatory action and response measures to lessen
23 the impact of a disaster, and facilitate implementation of contingency plans to minimize
24 disruptions to normal social and economic activities;
25

26 c) Integrate Anticipatory Action principles into existing plans and policies at the national and
27 local levels.

28

29 d) Acknowledge and strengthen the capacities of Local Government Units (LGUs) and
30 relevant National Government Agencies (NGAs), and communities in, preparing for,
31 anticipating, responding to, and recovering from the impact of disasters;
32 e) Respond to the differentiated concerns and needs of vulnerable and marginalized groups
33 such as but not limited to women and children, persons with disabilities, the elderly, and
34 indigenous peoples with respect to disaster resilience and disaster management;
35

36 f) Protect and promote the health and welfare of all individuals, families, and animals by
37 addressing risks, particularly the root causes of vulnerabilities, exposure to hazards, and
38 the capacity to cope with hazards to eliminate, if not, minimize the incidences of deaths
39 arising from various hazards such as natural, epidemic, pandemics, or other illnesses of
40 public health concern, and other hazards disrupting the normal functioning of communities.
41

42 g) Provide various mechanisms that ensure transparency and accountability in disaster and
43 climate risk governance, such as in data and resource management.
44

45 h) Ensure community participation in the planning and implementation of the country's

46 disaster risk reduction and management (DRRM) program in accordance with the people' s
47 right to participate in the decision-making process that contributes to better living
48 conditions.

49

50 i) Establish a funding source for the implementation of prograns for Anticipatory Actions.
51

2
52 SECTION 3. De,".fj.o" a/rcrius -As used in this Act:
53

54 (a) ,4#fz.c7Pczfory 4cf7.o# refers to actions to be taken to reduce the impacts of a forecast
55 hazard before it occurs, or before its most acute impacts are felt. It is performed by an
56 individual or organization before an anticipated disaster to mitigate its impact on people,
57 animals, and properties that are likely to be affected.
58

59 (b) 4#fz.cjpcr/ory 4cf7.o7c Pro/oco/ refers to a protocol for the step-by-step implementation
60 of anticipatory actions based on the activation of pre-determined triggers. It specifies the
61 types of measures to be implemented ahead of predicted hazards, institution roles and
62 responsibilities, resources, coordination processes, and operational arrangements.

63

64 (c) Cczpcrc/ty refers to the combination of all strengths and resources available within a
65 community, society, or organization that can reduce the level of risk, or effects of a disaster.
66 Capacity may include infrastructure and physical means, institutions, societal coping
67 abilities, as well as human knowledge, skills, and collective attributes such as social
68 relationships, leadership, and management.
69

70 (d) Co#/7.72ge#c}; P/o# refers to a scenario-based plan for a specific and projected natural
71 and/or human-induced hazard. It aims to address the impacts of the hazard to people,
72 properties, and the environment; and/or to prevent the occurrence of emerging threats
73 through the arrangement of timely, effective, appropriate, and well-coordinated responses
74 as well as the efficient management of resources.
75

76 (e) Dec/orcr/z.o# o/cr S/cz/e o//"7#7.72e72f Djsas'fer refers to the declaration that is made in
77 anticipation of a highly probable disaster due to projected impacts based on forecast and
78 the results of Pre-Disaster Risk Assessment (PDRA) that are severe enough to require
79 funding to utilize existing national and local resources in preventing or alleviating damages
80 and losses;

81

3
82 ® Dz.SczS/er refers to the serious disruption of the functioning of a community or a society
83 involving widespread human, material, economic, or environmental losses and impacts,
84 which exceeds the ability of the affected community or society to cope using its own
85 resources;

86

87 (g) Dj.Lgczs/er Respo#Se refers to any concerted effort by two (2) or more agencies, public
88 or private, to provide assistance or intervention during or immediately after a disaster to
89 meet the life preservation and basic subsistence needs of those people affected and in the
90 restoration of essential public activities and facilities. It follows three phases which are pre-
91 impact phase, impact phase, and post-impact phase.
92

93 (h) Djsczs/er Rz.s4 refers to the estimated potential disaster losses in lives, health status,
94 livelihood, properties, and services, which could occur to a particular community or a
95 society over some specified period; Disaster risk is calculated as a combination of the
96 probability of an event and its negative consequences;
97

98 (i) Disaster Risk Reduction and Management (DRRM) [Ofels to tlne srysten2Iho process of
99 using administrative directives, organizations, and operational skills and capacities to
100 implement strategies, and policies, and provide coping capacities to lessen and avert the

101 adverse impacts of hazards and the possibility of a disaster.

102

103 a) Disaster Risk Reduction and Management Council (DRRMC) rofers to de orga;r[ined
104 and authorized body of government agencies, including civil society organizations
105 including organizations of persons with disabilities, women, older persons, children,
106 indigenous people, and others who belong to the vulnerable sectors, and the private sector,
107 mandated to undertake DRRM activities from the national to local levels. The composition,
108 powers, and functions of the DRRMC are defined in RA 10121 ;
109

110 (k) Emerge#c}; refers to the unforeseen or sudden occurrence, especially danger,
111 demanding immediate action.
112

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(1) Expas2fre refers to the situation of people, animals, production capacities, environmental
services, and properties in places that could be adversely affected by hazards and which,
thereby, are subject to potential future harm, loss, or damage.

(in) Foreccrsf refers to the definite statement or statistical estimate of the likely occurrence
of a future event or conditions for a specific area.

(n) ZJczzczrd refers to 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;

(o) Jm"j.#e„f D7.scrsfer refers to a highly probable disaster with severe projected impacts.

(p) Jmpcrcr refers to the total effect, projected or actual, including negative effects and
positive effects, of a hazardous event or a disaster which may include economic, hulnan,
and environmental impacts, and may also include death, injuries, disease, and other
negative effects on human well-being and animal welfare.

(q) "IVo jzegrerF " approach refers to the recognition of risks that may not materialize in
the way or with the impacts forecasted. Yet, the anticipatory action approach is sufficiently
flexible and adaptable to introduce positive changes to systems and processes and that
builds resilience and benefits vulnerable groups.

(r) Pre-Dj.sczLSJer Rr.sfr ,4ssessme#f /PDR4J refers to the process of evaluating a hazard's
level of risk given the degrees of exposure and vulnerability in a specific area. It presents
the possible impacts on the people, animals, production capacities, environmental services,
and properties_and forms as a basis to determine the appropriate level of response actions
from the national level government agencies down to LGUs;

(s) Prepczrec7#ess refers to the pre-disaster actions and measures undertaken within disaster
risk reduction and management. It is based on sound risk analysis and pre-disaster activities

5
144 to avert or minimize loss of life and property, such as community organizing, training,
145 plaming, equipping, stockpiling, hazard mapping, insuring assets, and public information
146 and education initiatives. This also includes the development or enhancement of an overall
147 preparedness strategy, policy, institutional structure, waming and forecasting capabilities,
148 and plans that define measures geared to help at-risk communities safeguard their lives and
149 assets by being alert to hazards and taking appropriate action in the face of an imminent
150 threat or an actual disaster;
151

152 (t) Zzeso#rces refers to the funds, equipment, and other requirements for disaster
153 preparedness and response.
154

155 (u) j2j.sk 4ssess7#e7cf refers to a methodology to determine the nature and extent of risk by
156 analyzing potential hazards and evaluating existing conditions of vulnerability that together
157 could potentially harm exposed people, animals, production capacities, environmental
158 services, and properties.

159

160 (v) recfe#z.ccz/ A4cz#crge"e#f Gro#p /7MGJ refers to the members of the NDRRMC who
161 endorse the outputs of the Technical Working Group (TWG) to the NDRRMC Full
162 Council.

163

164 (w) recfe#jccz/ Jyor4f-#g Groap /77J'G/ refers to the members of the NDRRMC who are in
165 charge of the preparation, formulation, and development of policy guidelines to be
166 endorsed by the TMG for the NDRRMC's approval
167

168 (x) rrj.gger refers to a predetemined criterion that, when met, is used to initiate
169 Anticipatory Actions. A trigger can be a predetermined value for a specific indicator or set
170 of indicators that is forecasted to occur or has been measured as having occurred. It must
171 be associated with a level of projected impact based on a robust PDRA. Once a trigger is
172 met, anticipatory actions are implemented to mitigate the projected impact.
173

6
174 (y) y#/#ercrbj/I.ty refers to the characteristics and circumstances of a community, system,
175 or asset that make it susceptible to the damaging effects of a hazard;
176

Article H
STATH 0F IMNINENT DISASTER
179 SECTION 4. Dechar¢tr.o„ a/ Sra!fe a/ J7icml.#e#f Disasfer -The President of the Philippines,
18o through the recommendation of the National Disaster Risk Reduction and Management council
181 (NDRRMC), herein referred to as the National council, shall declare a state of lmminent Disaster
182 over a cluster ofbarangays, municipalities, cities, provinces, and regions using the guidelines for
183 the PDRA as informed by national science-based agencies to be issued by the National council
184 for the purpose of declaration under this Act.
185

186 At the local level, the established PDRA groups of the Regional DRRM Councils shall
187 recommend the declaration of a State of Imminent Disaster over a cluster of barangays,
188 municipalities, cities, and provinces in their respective jurisdictions forecasted to be affected by
189 an imminent hazard. Upon which, the Local chief Executive (LCE), through an executive order,
19o may declare a state of lmminent Disaster in their area of jurisdiction.
191

192 For purposes of this Act, a state of Imminent Disaster may be brought about by various
193 hazards such as natunl, epidemic, pandemics, or other illnesses ofpublic health concern, and other
194 hazards disrupting the normal functioning of communities.
195
T86 SEC"OIN. S. Criteriafor Declaration of state of Imminent Disaster -The region, provfroe, ctry ,
197 municipality, or cluster ofbarangays may be declared under a state of lmminent Disaster upon the
198 results of PDRA by the NDRRMC or the concerned RDRRMC indicating the probability of
199 disaster occurrence that is severe enough to warrant the utilization of resources to be able to prevent
2oo or minimize potential damages and losses. Any of the following conditions must be present and
2ol shall be adhered to by the National and Regional DRRM Councils before the declaration:

a. The forecasted affected population requires expeditious emergency assistance to

prepare for the cascading effects of an impending disaster;

7
 b. Projected damage to shelter, critical infrastructure, and facilities that are necessary
for emergency response, logistical operations, lifelines, and other related systems
for the delivery of necessities, including sources of food supply such as agricultural
and fishery products;

c. Projected disruption of lifeline systems such as food supply chain, electricity,

potable water system, communication system, access to health service, and other
related systems;

d. Projected extremely high incidence expected of a certain disease that may affect
whether human, animal, or crops; infectious or noninfectious, or other health-
related events that are beyond normal expectancy.

e. Significant degradation of environmental and natural resources is forecasted based

on recommendations from relevant agencies.

f. Projected impact on agricultural and fishery areas that cause negative consequences
on the country's economic and food security on a national or local scope.

9. The current resources and measures of the concerned LGU/s are insufficient and
there is a need for rapid augmentation that may only be met through such
declaration.

Izl SEC"OIN 6. Duration and Lifting Of the Declaro[tion Of State Of Imminent Disaster - The
222 declaration of state of Imminent Disaster may be enforced either by the president or the LCEs
223 through an executive order for a duration calculated before the occurence of an imminent disaster.
224

225 If the latest PDRA report states that the projected impacts are not met, the sane may be
226 recommended for the immediate lifting of such a declaration to be undertaken by the president or
227 the LCE upon the recommendation of the National, Regional, or Local DRRM Council.
228

229 Article IH
23o MEASURES TO BE UNDERTAKEN UPON DECLARATION OF STATE OF
231 "MINENT DISASTER

8
232

233 SHCTION 7. 4#froI.pflfory A4leusztres zJpo„ Dcc/¢r¢fz.o# -The declaration of a state of Imminent
234 Disaster shall allow the National, Regional, and Local DRRM Councils the use of national and
235 local resources and mechanisms to implement anticipatory actions to lessen or avert the projected
236 impact on communities which may fall but are not limited to the following courses of action:

a. Direct any government agency or entity to implement its mandates and utilize
resources granted to it by law, including its personnel, equipment, suppliers'
facilities, and technical services, in support of the national or local anticipatory
action efforts to save lives, protect property, ensure public health and safety, and to
lessen or avert damages and losses.

b. Coordinate, monitor, and regulate all anticipatory action efforts, including the

provision of services, financial and in-kind assistance, mobilization of response

teanis, and other resources provided by national and local government agencies,
including the private sector and national, and international non-governmental
organizations (NGOs/INGOs), while recognizing and respecting the humanitarian

principles of independence, autonomy, neutrality and impartiality of humanitarian

organizations.

c. Provide technical and advisory assistance for the management, control, and
reduction of the immediate threats to public health and safety;

d. Coordinate among various experts from various concerned agencies to continue

hazard monitoring and public information advisories.

e. Recommend implementation of Anticipatory Action Protocols for the projected

affe cted population.

255 SECTION 8. F#md..rag -The LGUs shall include Anticipatory Action interventions in their regular
256 Programs, Plans, and Activities (PPAs) lodged under their respective Local DRRM Funds, as
257 reflected in their respective Local DRRM plans. Funding tagged as Anticipatory action shall be
258 disbursed immediately upon the declaration ofa state of lmminent Disaster. The unexpended fund
259 from the 70% portion of the Local DRRM Fund accrued to the special Trust Fund may also be

9
26o used for such purpose. Further, LGUs may source out funds from other sources to fulfill the
261 objectives of this Act, subject to pertinent accounting and auditing laws and regulations.
262

263 All relevant National Government Agencies shall ensure that Anticipatory Action protocols are
264 included in their regular agency programs, Projects, and Activities (PPAs) to be funded by their
265 regular agency budgets as Anticipatory Action Funds and be properly included in the General
266 Appropriations Act. The National DRRM Fund may also be used to fund Anticipatory Action
267 Programs. Likewise, such identified funds shall be disbursed immediately for this purpose and be
268 used until the lifting of the declaration ofa state of lmminent Disaster.
269

27o SECTION 9. Crfe¢„ges i.„ H¢z¢rd Forecasf -The following courses of action shall be observed
271 in cases ofnon-occurrence of the situation despite the declaration of state of lmminent Disaster:
272

273 (a) The government shall adopt a "no regrets" approach acknowledging that the proposed or
274 undertaken anticipatory actions still benefit rather than negatively impact the targeted
275 popul ation.

276

277 (b) The unutilized funds in the case of LGUs shall accrue to the Special Trust Fund;
278 Meanwhile, unutilized funds ofNGAs shall revert to the National Treasury as part of the
279 General Funds upon the lifting or termination of the declaration of a state of Imminent
28o D is aster.

281

282 (c) For food or non-food items, the Department of social welfare and Development (DSWD)
283 and the Local social welfare and Development office concerned, shall take charge of the
284 storage of food and other non-food items at the national and local levels, respectively, if
285 the concerned goverrment agency, whether an NGA or LGU has already acquired the
286 additional resources needed through the use of funds released for anticipatory action.
287

288 (d) Services rendered by third parties shall be subject to a just compensation on a gwcz#/#m
289 mertfj./ basis.

290

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291 SECTION 10. Hoftiblted Acts -Any person, group, or coaporation who commits any of the
292 following prohibited acts shall be held liable and be subjected to the penalties as prescribed in
293 Section 1 1 of this Act:

294

295 (a) Dereliction of duties which leads to destruction, loss of lives, critical danage offacilities, and
296 misuse offunds;
297

298 (b) Preventing the entry and distribution ofreliefgoods in areas declared under a state of lmminent
299 Disaster, including appropriate technology, tools, equipment, accessories, shelter implements, and
3oo disaster teams/experts;
301

3o2 (c) Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment,
3o3 or/and other commodities that are intended for distribution to areas declared under a State of
3o4 Imminent Disaster;
305

3o6 (d) Buying, for consumption or resale, from the recipient communities forecasted to be affected
3o7 by an imminent disaster of any of their relief goods, equipment, or other aid commodities received
3o8 bythem;

3og (e) Selling of relief goods, equipment, or other aid commodities that are intended for distribution
31o to recipient communities forecasted to be affected by an imminent disaster;

311 (f) Forcibly seizing relief goods, equipment, or other aid commodities intended for or consigned
312 to a specific group or relief agency for purposes of disaster preparedness;

313 (g) Diverting or misdelivery ofreliefgoods, equipment, or other aid commodities to persons other
314 than the rightful recipient or consignee;

315 (h) Accepting, possessing, using, or disposing ofreliefgoods, equipment, or other aid commodities
316 not intended for nor consigned to him/her;

317 (i) Misrepresenting the source ofreliefgoods, equipment, or other aid commodities by:

11
 (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 contalners with
different markings to make it appear that the goods came from another agency or persons
or were released upon the instance of a particular agency or persons;

(3) Making false verbal clalm that the goods, equipment, or other commodity and its
untampered original containers came from another agency or persons or was released upon
the instance of a particular agency or persons;

326 ¢) Substituting or replacing relief goods, equipment, or other ald commodities with the same items
327 or inferior/cheaper quality;

328 (k) Illegal solicitations by persons or organizations representing others as defined in the standards

329 and guidelines setby the NDRRMC;

33o (I) Deliberate use of false and inflated data in support of the request for funding, relief goods,
331 equipment, or other aid commodities for emergency assistance or livelihood projects; and

332 (in) Tanpering with or stealing hazard monitoring and disaster preparedness equipment and
333 paraphernalia.

334 SECTION 11. Pg#¢/ CJfl#sc ~ Any individual, corporation, partnership, association, or other
335 juridical entity that commits any of the prohibited acts provided for in section 10 of this Act shall
336 be prosecuted and upon conviction shall suffer a fine of not less than Fifty thousand pesos
337 (Php50,000.00) or any amount not to exceed Five hundred thousand pesos (php500,000.00) or
338 imprisonment of not less than six (6) years and one (1) day or more than twelve (12) years, orboth,
339 at the discretion of the court, including perpetual disqualification from public office if the offender
34o is a public officer, and confiscation or forfeiture in favor of the goverrment of the objects and the
341 instrumentalities used in committing any of herein prohibited acts.
342

12
343 If the offender is a corporation, partnership or association, or other juridical entity, the penalty
344 shall be imposed upon the offlcer or officers of the corporation, partnership, association, or entity
345 responsible for the violation without prejudice to the cancellation or revocation of these entities'
346 licenses or accreditation issued to them by any licensing or accredited body of the government. If
347 such offender is an alien, he or she shall, in addition to the penalties prescribed in this Act, be
348 deported without further proceedings after service of the sentence.
349

35o However, the prosecution for offenses set forth in section 10 of this Act shall be without prejudice
351 to any liability for violation of Republic Act No. 3185, as amended, otherwise known as the
352 Revised penal code, and other civil liabilities.
353

Article IV
FINAL PROVISIONS
356

357 SECTION 12. JiiqpJe7i®e„fl.„g R#Jcs ¢"d RegriJ¢fous -The NDRRMC, through its chairperson,
358 shall issue the necessary rules and regulations, including operational guidelines and procedures,
359 for the effective implementation of this Act within one hundred twenty (120) days after approval
36o of this Act. The NDRRMC shall convene a Technical Working Group composed of all the
361 members of the National Anticipatory Action Technical working Group, concerned members of
362 the NDRRMC, and other stakeholders for the fomulation of the implementing rules and
363 regulations of this Act.

364

365 SECTION 13. Cb#gressfo„ul ovcrsigdr coilowcftfee -There is hereby created a congressional
366 Oversight committee to monitor and oversee the implementation of the provisions of this Act. The
367 Committee shall be composed of five (5) members of the House of Representatives and five (5)
368 members of the senate. The minority shall be entitled to pro rata representation but shall have at
369 least one (1) representative from each chamber. It shall be jointly chaired by the chairpersons of
37o the Committee on Disaster Resilience of both Houses and shall render a report and
371 recommendation to the Congress which shall be the basis for policy legislation in the field of
372 Disaster Resilience or DRRM Such a congressional review shall be undertaken once every (5)
373 years, or as the need arises.

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374

375 SHCTION 14. S##sef Revi.eli; -Within five (5) years after the effectivity of this Act, or as the
376 need arises, the congressional oversight committee shall conduct a sunset review. For purposes
377 of this Act, the term "sunset review" shall mean a systematic evaluation by the Congressional
378 Oversight committee of the accomplishments and impact of this Act, as well as the performance
379 and organizational structure of its implementing agencies, for purposes of determining remedial
38o legislation.

381

382 SECTION 15. Seprradife.fy chaft7 -If any part, section, or provision of this Act is held invalid
383 or unconstitutional, other provisions not affected thereby shall remain in full force and effect.
384

385 SECTION 16. jRepco/I.#g cJ¢#§e-All laws, decrees, orders, rules and regulations, other issunnces
386 or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
387 accordingly.

388

389 SHCTION 17. Ej7e:crfurty -This Act shall take effect fifteen (15) days after its publication in the
39o Official Gazette or in a newspaper ofgeneral circulation.
391

392 Approved.

393

394

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