Amending R.A. No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010)

Sentate lice of dis Descary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P1 :28 First Regular Session RECEIVED BY: SENATE 1097 S.B. No. - Introduced by SEN. WIN GATCHALIAN AN ACT EXPANDING THE APPLICATION OF THE LOCAL DISASTER RISK REDUCTION AND MANAGEMENT FUND BY AMENDING REPUBLIC ACT NO. 10121, OTHERWISE KNOWN AS THE "PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT ACT OF 2010" EXPLANATORY NOTE Republic Act No. 10121 or the "Philippine Disaster Risk Reduction and Management Act of 2010" has placed local government units (LGUs) in the frontline of disaster preparedness, mitigation, response and rehabilitation. It transformed the calamity funds of the LGUs into the Local Disaster Risk Reduction and Management (LDRRM) Fund. The same law has authorized the LGUs to utilize the LDRRM Fund for projects and programs that enhance disaster preparedness and mitigate the effects of calamities. In the unfortunate event that disaster or calamity strikes, it is the LDRRM Office in the LGUs that is at the helm of providing safety and protection for their constituents against the wrath of mother nature. However, due to budgetary restrictions, LGUs are unable to hire the necessary manpower necessary to provide a more adequate response and assistance to affected citizens during disasters. Moreover, the effects of disasters would be greatly mitigated

and reduced if LGUs would have the necessary funds to provide local infrastructure projects designed to protect against natural disasters. The aftereffects of disasters will also be lessened if LGUs are given flexibility in providing for swift reconstruction, repair, and rehabilitation of their infrastructure damaged by disasters. Conversely, when the LGU does not suffer any disasters or calamities, its LDRRM Fund accrues to a special trust fund which may only be utilized for disaster risk reduction and management (DRRM). There are numerous LGUs located throughout the Philippines which are not consistently affected by disasters and calamities. Thus, in order to provide these LGUs with more leeway to utilize unused LDDRM Funds, the period for the trust fund to revert to the LGU general fund should be shortened to three (3) years instead of the current five (5) years. There is an urgent need to broaden the options of the LGUs in the utilization of the LDRRM Fund. This bill proposes the use of the LDRRM Fund in (1) financing infrastructure projects designed to mitigate the effects of natural disasters, (2) paying for obligations incurred in funding projects related to disaster preparedness and mitigation, and (3) hiring of the necessary personnel required to implement LGU DRRM programs. In view of the foregoing, the immediate passage of this bill is earnestly sought. WIN GATCHALZAN

Senate Oftire el le Saccretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -7 P1 •29 First Regular Session ] RECEIVED BY: SENATE S. B. No. _ 1097 Introduced by SEN. WIN GATCHALIAN AN ACT EXPANDING THE APPLICATION OF THE LOCAL DISASTER RISK REDUCTION AND MANAGEMENT FUND BY AMENDING REPUBLIC ACT NO. 10121, OTHERWISE KNOWN AS THE "PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT ACT OF 2010" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 12 of Republic Act (RA) No. 10121 or the "Philippine

Disaster Risk Reduction and Management Act of 2010", is hereby amended to read as follows: "Sec. 12. Local Disaster Risk Reduction and Management Office (LDRRMO). - a) xxX c) 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: = (1) xxx (26) APPOINT OR HIRE COMPETENT AND SUITABLY TRAINED DIRECT RESCUE AND RESPONSE PERSONNEL WITHIN THEIR RESPECTIVE JURISDICTIONS THAT SHALL

BE ADEQUATE IN NUMBER TO SERVE THE NEEDS OF THE LOCAL GOVERNMENT UNIT IN TIMES OF CALAMITY AND DISASTER. THE APPOINTED PERSONNEL SHALL ALSO SERVE IN THE IMPLEMENTATION OF THE LGU'S DISASTER RISK REDUCTION AND MANAGEMENT PROGRAMS. (d) xxx"

SEC. 2. Section 21 of RA No. 10121 is hereby amended to read as

follows: "Sec. 21. Local Disaster Risk Reduction and Management Fund (LDRRMF). - The present Local Calamity Fund shall henceforth be known as the Local Disaster Risk Reduction and Management Fund (LDRRMF). Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities, CONSTRUCTION OF INFRASTRUCTURE PROJECTS CERTIFIED BY THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL AS NECESSARY IN MITIGATING AND REDUCING THE EFFECTS OF DISASTERS, and for the payment of premiums on calamity insurance. THE LDRRMF MAY ALSO BE USED TO PAY FOR WHATEVER OBLIGATIONS THE LOCAL GOVERNMENT INCURRED IN THE RECONSTRUCTION, AND REHABILITATION OF MAJOR REPAIR, INFRASTRUCTURE DAMAGED BY DISASTERS. The LDRRMC shall monitor and evaluate the use and disbursement of the LDRRMF based on the LDRRMP as incorporated in the local

development plans and annual work and financial plan. Upon the recommendation of the LDRRMO and approval of the Sanggunian concerned, the LDRRMC may transfer the said fund to support disaster risk reduction work of other LDRRMCs which are declared under state of calamity. Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand- by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible. Unexpended LDRRMF WITHIN THE GIVEN YEAR shall accrue to a special trust fund solely for the purpose of supporting disaster risk reduction and management activities of the LDRRMCs within the next [five (5)] THREE (3) years. Any such amount still not fully utilized after [five (5)] THREE (3) years shall revert to the general fund and will be available for other social services to be identified by the local Sanggunian. THE LDRRMF SHALL BE LIABLE FOR THE SALARIES, WAGES AND BENEFITS OF ALL APPOINTED RESCUE AND RESPONSE PERSONNEL BY THE LOCAL DISASTER RISK REDUCTION AND MANAGEMENT OFFICE FALLING UNDER

SECTION 12, PARAGRAPH (C), SUB-PARAGRAPH (26)."

SEC. 3. Separability Clause. - If any provision of this Act is declared

invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.

SEC. 4. Repealing Clause. - All laws, presidential decrees, executive

orders, presidential proclamations, rules and regulations or parts thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Officia/ Gazette or in a newspaper of general circulation in the Philippines. Approved,