Implementing Rules and Regulations of Republic Act No. 10121

REPUBLIC OF THE PHILIPPINES NATIONAL DISASTER COORDINATING COUNCil National Disaster Managemen t Cen ter, Camp General Emilio Agui naldo, Quezo n City, Philippines f IMPLEMENTING RULES AND REGULATIDNS OF REPUBLIC ACT No. 10121, ALSO KNOWN AS "AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT SYSTEM, PROVIOING 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" RULE 1 - GENERAL PROVISIONS Section 1. Title · These Rules shall be known and cited as the I mplement ing Rules and Regulat ions of Republic Act No. 10 121 also known as the Philippine Disaster Risk Reduct ion and Management Act of 201 0 (PDRRM Act of 20 10 ). Section 2. Purpose - These Rules are hereby prom utqated to prescribe t he man ner, procedures and guide lines for the implementation of the PDRRM Act of 20 10 , to facilita te compl iance th erewit h, and achieve the obj ectives thereof. Section 3 . Declaration of Policy - It is the policy of t he State to: (a) Uphold the people's constit ut ional rig hts to life and property by addressing the root causes of vul nerabili t ies to disasters, st rengt hening th e country's inst it utional capacity for disaster risk red uction and management , and bUilding the resilience of local communit ies to disasters including cl imate change impacts ; (b ) Adhere to and adopt t he universal norms, principles, and standards of humanitar ian assist ance such as t he Universal Declarat ion of Human Rights, UN Guiding Principles and Guidelines on Int ernal Displacement and Durable Solut ions, Convention on the Elim inat ion of Discr imination Against Women (CEDAW), Convent ion on the Rights of t he Child and the global effort on risk reducti on as concrete expression of the country's commitment to overcome human sufferings due to recurring disast ers; (c) Incorporate internat ionally accepted principles and guidelines of disaster risk manag ement in the creat ion and implement ation of nat ional, regional and local sustainab le developm ent and poverty red uction strategies, policies, plans and budgets; (d) Adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socioeconomic and envi ron mental impacts of disasters including climate change, and prom ot e the invol vement and part icipat ion of all sectors and all st akeho lde rs concerned, at all levels, especially th e local community ; (e) Develop, promote , and imp lement a comprehensive Nat ional Disaster Risk Reduction and Management Plan (NDRRMP) t hat aims to strengthen the capacity of t he nat ional government and t he local government units (LGUs), together with partner stakeho lders, to build t he disaster resilience of communit ies, and - to inst itut ionalize ar rangements and measures for reducing disaster r isks, inclUding projected climate risks, and enhanc ing disaster prepa redness and response capab ilities at all levels; rererax:NDCC Opcen (+632) 911-1406 ; 912-2665 : 912·5668; NDCC Secretar iat (+632) 912-0441; 912-5947; Office of the Administrator, OCD (+632) 912-2424 E·Mail: ~n@Dg.cc...gQ.LPhWebsite : www.nd~.go\(.ph (f) Adopt and implement a coherent, comprehensive, Integrated, efficient and responsive disaster risk reduct ion program incorporated in th e development plan at var ious levels of· government adhering to the princip les of good governance such as transparency and accountability within the context of poverty allev iation and environmental protection; (g) Mainstream disaster ris k reduction and climate change adapt at ion and mitigation in deve lopment processes such as policy formulation, socioeconomic devel opment planning, budgeting, and governa nce, particularly in the areas of env ironment, agricult ure, wate r, energ y, health, education, poverty redu ct ion , land -use and urban plann ing, and pub lic Infrastructure and housing , among oth ers; (h) Inst itut ionalize the poli cies, structures; coordination mechanisms and programs wit h continuing budget appropriation on disaster risk reduction from national down to local levels towards build ing a cise ster-restnent .natron and com munities; (i) Mainstream disaster r isk reduct ion into t he peace process and confl ict resolution approaches in order to mi nimize loss of lives and damage to property, and ensure that communities in conflict zones including Internally Displaced Persons (lO Ps) can Imme diately go back to their norma l lives during peri ods of intermit t ent confl icts; (j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive t o indigenous knowledge syste ms and cultures, and respectfu l of human rights; (k) Recognize the local risk patterns across the count ry and strengthen the capacity of LGUs for disaster risk reduction and managem ent th rough decent ralized powers, responsib ilit ies, and resources at the regional and local levels; (I) Recognize and strengthen th e capacities of LGUs and communit ies in mit igating and preparing for, responding to, and recoverin g from the impa ct of disasters; (m) Engage the participation of civil society organizations (CSOs), the private sector and volunteers in the governme nt's disaster r isk reduction prog rams towards complementat ion of resources and effect ive delivery of services to the Cit izenry; (n) Develop and strengthen the capacit ies of vuln erable and marginalized groups to mitigate, prepare for, respond to, and recover from the effects of disasters; (0) Enhance and implement a program where humanitarian aid workers, communit ies, health professionals, government aid agencies, donors, and the media are educated and tra ined on how they can actively support breastfeeding before and during a disaster and/ or an emergency ; and (p) Provide maximum care, assistance and services to Individuals and famili es affected by disaster, Imp lement eme rgency rehabil it at ion projects to lessen the impact of disaste r, and facilitate resumption of norm al social and economic activ ities. Section 4 . - Scope of Application · These Rules prov ide for the development of policies and plans and the implementat ion of act ions and measures pertai ning to all aspects of disaster risk reduct ion and management , including good governance, risk assessment and early warning, knowledge bui lding and awareness raising, reducing underl ying risk factors, and prepa redness for effective response and early recovery . These shalt apply to all levels of government , civ il societi es, private sectors and all ot her DRM stakeholders. 2 1 RofRA 101:)1 RULE 2 - DEFINITION OF TERMS Section 1 - Whenever used in the se Rules, th e following shall refer to: f (a) (b) (e) (d) (e) (I) (9) (h) ( I) "Adaptat ion" - the adjustment in natura l or hu man systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportun ities. "Capacity" - a combination of all strengths and resources available within a community, society or organizat ion t hat can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure and physical mea ns, institutions, societa l coping abilities, as well as human knowledge, skills, tools, systems, processes, appropriate t echnologies and collective at t ributes such as social relationships, leadership and management . Capacity may also be describe d as capability . "Civil Defense - - disaster preparedness and prevention activities, other than military acti ons, geared towards the reduction of loss of life and property brought about by natural and human-induced disasters. Civ il Defense may also be referred to as Civ il Prot ection. "Civil Society orcanuanons' or "CSOs" - non-state actors whose aims are neither to generate prof its nor to seek gove rn ing power. CSOs unit e people t o adva nce shared goals and interests. They hav e a presence in public life, expressing th e interests and values of their members or ot hers, and are based on social, eth ical, cultural, scientific, religious or phil anthropic and ot her considerations. C50s include non-governm ent orga nizat ions (NGOs), professional associat ions, foundat ions, independent research instit utes, community-based organizations (CBOs), faith -based organizations, people's organizations, social movements, and labor un ions. "Climate Change· - a change in climate that can' be identif ied by changes in the mean and/or variability of its properties and that persist s for an extended period typically decades or longer , whet her due to natural variabi lity or as a result of human ectrvttv. "Commun ity- Based Disaster Risk Reduct ion and Management" or "CBDRRM" - a process of disast er risk reduct ion and management in which at r isk communitie s are act ive ly engaged in the identification, ana lysis, treatment, monitoring and evaluation of disaster risks in order to red uce their vu lnerabiliti es and enhance their capacities, and where the people are at t he heart of decision-making and impl ementation of disaster risk reduct ion and management act ivit ies. "Complex emerqencv ' - a fo rm of huma n- induced emergency in which the cause of t he emergency as well as the assistance to the afflicted is complicated by intense level of poli ti cal considerations. "Contingency Planning" - a management process t hat analyzes specif ic potential events or emerg ing situations th at might threaten society or the environment and establishes arrangements in advance to enab le timely, effective and appropriate respo nses to such events and situat ions. "Disaster" - a serious disruption of t he functioning of a community or a society involving widespread human, mater ial, econom ic or environmental losses and impacts, J t • IRRofRA 10121 which exceeds the abili ty of the affected community or society to cope using its own resources. Disasters are often described as a result of th e combinat ion of : t he exposure t o a hazard; the conditions of vu lnera bili ty th at are present ; and insufficient capacity or measures to reduce or cope wit h the potential negative consequences. Disaster Impact s may Include loss of life, injury, disease and other negative effects on human , physical , mental and social well being, toget her with dam age to property, destruction of assets, loss of serv ices, social and economic dis rupt ion and environmental degradation . (j) "Disaster Mitigation" • the lessening or lim itation of the adverse impacts of hazards and rela ted d isast ers. Mit igat ion measures include but not limited to the engineeri ng techniques and hazard -resistant construct ion but includes as well as improved environ ment al policies and programs end public awa reness. (k) "Disaster Preparedness" - the knowledge. and capacit ies deve loped by governm ents , professional response and recovery organ izati ons, communit ies and individuals to effective ly anticipate, respond to , and recover from - the im pact s of likely, imm inent or curre nt hazard events or condit ions. Preparedness action is carried out within the context of disaste r risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly t ransit ions from response to sustained recovery. Preparedness is based on a sound analys is of disast er risk, and good linkages with ear ly warning systems, and includes such act ivi ties as continge ncy planning, stoc kpiling of equipment and supplies, the development of arrangements for coordinat ion, evacuat ion and public information, and associated tra ining and field exercises. These must be supported by formal institu ti onal , legal and budgetary capacities. (I) "Disaster Prevent ion" - the out rig ht avoi dance of adverse impacts of hazards and related d isasters . It expresses the concept and intent ion to completely avoid potent ial adverse impacts through act ion taken in advance such as const ruction of dams or embankment s t hat elimi nate flood risks, land-use regulat ions th at do not perm it any settlement' in hlqh-rtsk zones, and seism ic engineering designs that ensure the survival and function of a cri tical build ing in any likely earthquake. (m) "Disaste r Response" - t he provision of emergency services and public assistance during or immediately after a disaster in order t o save lives, reduce health impacts, ensure pub lic safety and meet the basic subsist ence needs of the people affected. Disaster response is predominantly focused on imm ediate and short-te rm needs and Is sometimes call ed "disaster relief". Cn) "Disester Risk" - the poten t ial disaster losses in lives, health status, livelihood, assets and services, wh ich could occur to a particular community or a Society over some specified fut ure time period. (0 ) "Disast er Risk Reduction" - the concept and pract ice of reducing disaster risks through systemat ic efforts to analyze and manage t he causal factors of disasters, including t hrough reduced exposures to hazards, lessened vulnerability of people and property, wise management of land and t he environme nt , and Improved preparedness for adverse events. Cp) "Disaste r Risk Reducti on and Management" - th e systematic process of using administrative directives, organizat ions, and operational ski lls and capacities to implement strategies, policies and improved cop ing capaci t ies in ord er to lessen the adverse im pacts of hazards and the possibility of disaste r . Prospective disaster risk reduction and management refers to risk reducti on and management activit ies that 4 JR -:>/ PA 1 1 address and seek to avoid the development of new or increased disaster risks, especially if risk reduction polic ies are not put in place. (q) "Disaster Risk Reduction and Management Information System" - a specialized database which conta ins, among others, informat ion on disasters and their human mater ial, economic and envi ronmental impact, r isk assessment and mapping and vulnerable groups. (r) Disaster Victims - persons or group of person s who have been adversely affected by a natural or human-Induced hazard who have to leave their habitual places of residence due to exiting or impending threats, damaged shelte r un its , wit h casualty among immediate family members or those who remained in their habitual places of orig in when still habitable but whose main source of income or livelihood had been damaged and are experiencing hopelessness and difficulty in coping or responding to the onslaught of t he hazardous events on the ir own resou rces. (s) "'Early Recovery " - multidimensional process of recovery that begins in a humanitarian setting. It is gu ided by development pr inciples that seek to build on humanitarian prog rammes and catalyze sustainable development opportunit ies. It aims to generate self -sust aining, nat ionally -owned, resilient processes for post-c risis recovery. It encompasses the restorat ion of basic serv ices, livelihoods, shelter, governance, security and rule of law, environment and social dimensions, includin g reintegrati on of displaced populat ions, (t ) "Early Warning System" - the set of capacities needed to generate and disseminate timely and meaningful warning informat ion t o enable individ uals, communities and organizations threatened by a hazard to prepare and to act appropriately and in suffic ient time to reduce the possibility of harm or loss. A people-centered early warn ing system necessarily comprises four (4) key elements: knowledge of the risks; monitoring, analysis and forecasting of t he hazards ; communicati on or disseminat ion of alerts and warnings; and local capabilities to respond to the wamings received. The expression "end-to-end warning system" is also used to emphasize that waming syste ms need to span all ste ps from hazard detect ion to community response. (u) "Emergency" - unforeseen or sudden occurrence, especiall y danger, demanding imm ediate acti on. (v) "Emergency Management" - th e organ izat ion and managem ent of resources such as volunteers, funds, donati ons, food and non food items, temporary/ evacuation centers, and responsibilities for addressing all aspects of emergenc ies, in particular preparedness, response and initial recovery steps. (w) "Exposure" - th e degree to which the elements at risk are likely to experience hazard events of different magnitudes. (x) "Geoqraptuc Informati on System" - a database which contains, among others, geo hazard assessments, informati on on climate change, and climate r isk reduction and management. (y ) "Hazard" - a dangerous phenomenon, substance, human act ivity or conditi on that may cause loss of life, Injury or othe r health impacts property damage, loss of livelihood and serv ices, social and economic disrupt ion, or env ironment al damage. (z) In ternally Displaced Persons (lOPs) or Persons Displaced by th e Disaster - are persons or groups of persons who have been forced or obliged to flee or to leave their homes 5 IRR of RA 10121 or places of habit ual residence, in particular as a result of or in order to avoid the effects of natural or human- induced disasters, and who have not crossed an internationally recognized State borde r. (aa) "tend-use Planning" - th e process undertaken by public authorities to identify , evaluate and decide on different options for the use of land including consideration of long-term econom ic, social and envi ronmental objectives and the implications for different communities and interest groups, and the subsequent formulation and promulgation of plans tha t describe the permitted or accepta ble uses. (bb) "Mitigati on" - st ructural and non-st ructural measures undertaken to limit the adverse impa ct of natural hazards, env ironmenta l degradat ion, and technological hazards and to ensure th e ability of at-ri sk comm unit ies to address vulnerabilit ies aimed at minimizing th e impact of disasters . Such measures include , but are not limited to, hazard-resistant construct ion and enqlnee rtnq works, th e formulation and implementat ion of plans, programs, project s and acti vities, awareness raising, knowledge management, polici es on land -use and resource management, as well as t he enforcement of comprehensive land -use planning, bUilding and safety standards, and legis lat ion. (cc) "National Disaster Risk Reduction and Management Framework" or "NDRRM Framework' - prov ides for comprehensive, all hazards, mu lti-sectoral, inter -agency and community-based approach to disast er risk reducti on and management . (dd) "Nat ional Disaster Risk Reduction and Management Plan" or ~ N DRRMP" - the document to be formulated and implemented by the Offi ce of Civil Defense (OCD) t hat sets out goals and specmc object ives for reducing disaste r risks together with related act ions to accomplish t hese objectives. The NDRRMP shall provide for the identi ficat ion of hazards, vu lnerabilities and risks to be managed at the national level; disaster risk reduction and management approaches and st rategies to be applied in managi ng said hazard s and risks; agency roles, responsibilities and lines of auth orit y at all govern ment levels; and vertical and hor izontal coordinat ion of disaster risk reduct ion and management in the pre-disaster and post-d isaster phases and the budgetary resources to impl ement the plan . It shall be in conformit y with the NDRRM Framework . (ee) "Post-Disaster Recovery" - the restorat ion and improvem ent where appropriate, of facilities, livelihood and liv ing condit ions of disaster -affected communities, Including effo rts to reduce disaster r isk factors, in accorda nce with t he principles of "build back better" (ff) ' Preparedness" - pre -disaster act ions and measures being undertaken within the context of d isaster ris k reduct ion and management and are based on sound risk analysis as well as pre-d isaster activ it ies to avert or minimize loss of life and property such as, but not limited to, community organizing, training, plann ing, equipping, stoc kpili ng, hazard mapping, insur ing of assets , and public information and education initiatives . (gg) "Private Sector" • the key actor in the realm of the economy where the central social concern and process are the mut ually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises pri vate corporations, households and nonprofit insti tu t ions serv ing households. 6 1 i of RA 101Z1 (hh) "Public Sector Employees" - all persons in the civil serv ice. (H) "Rehabilitat ion" - measures that ensure th e abili ty of affected communit ies/areas to restore their normal level of function ing by rebui lding livelihood and damaged infrast ructures and increas ing the communities' organizat ional capacity. un "Resilience" - t he ability of a system, community or society exposed to hazards to resist, absorb , accommodate and recover from the effects of a hazard in a timely and efficient manner, including through the preservati on and resto ration of its essential basic st ructures and fu nct ions. (kk) "Response" - any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervent ion during or immediately afte r a disaster to meet the life preservat ion and basic subsistence needs of th ose people affec ted and in the resto rati on of essential public activities and faci lities. (II) "Risk" - th e combi nation of th e probability of an event and its negative consequences. Also, the probabili ty of harmful consequences, or expected losses (deaths, injuries, properties, livelihoods, economic activity disruption or environment damage) result ing from Interactions between natural, human-Indu ced hazards and vulnerable condit ions, (mm) "Risk Assessment" - a methodology to determine th e nature and extent of risk by analyzing potentia l hazards and evaluating existing condit ions of vu lnerability that together could potentially harm exposed people, property, services, livelihood and the environment on which they depend . Risk assessments with associated risk mapping include : a review of the technical characteristics of hazards such as the ir location, intensity, freq uency and probability ; th e analysis of exposure and vulnerability including th e physical, social, health , economic and env ironmental dime nsions; and the evaluat ion of th e effectiveness of prevailing and alternative coping capacit ies in respect to likely r isk scenarios. (nn) "Risk Management" - t he systematic approach and practice of managing uncertainty to minimize potential harm and loss. It comprises risk assessment and analysis, and the Implementation of strategies and specific actio ns to cont rol, reduce and transfer risks . It is widely pract iced by organizations to minimize risk in investment decisions and to address operational risks such as those of business disrupt ion, producti on failure, env ironmenta l damag e, social impacts and damage fr om fire and natu ral hazards, (00) "Risk Transfer" - the process of forma lly or informally shifting the financial consequences of particu lar risks from one party to another whereby a household, community, enterprise or state auth ority shall obtain resources from the other party after a disaster occurs , in exchange for ongoing or compensatory social or financ ial benefits provided to that other party. (pp) "State of Calamity" - a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard , (qq) "Sustainable Development " - development that meets the needs of t he present without comp romising the ability of future generations to meet their own needs. It contains within it two (2) key concepts: (1) the concept of "needs", in particular, the essent ial needs of the world's poor, to which overriding pri orit y should be given; and (2) th e idea of limitat ions imposed by the state of technology and social organizatio ns on the environm ent 's ability t o meet present and futu re needs. It is the harmonious Integ rat ion of a sound and viable economy, responsible governance, social cohesion 7 o 4 JQ1Zz and harmony, and ecolog ical int egr ity to ensure t hat human development now and t hrough future generati ons is a nre-ennancrnc process. (rr) "volunteer" - ind iv idual/person or group who for reasons ar ising from the ir socto developmenta l, business and corporate orienta t ion, commitment or conviction, cont ribute time, service, and resources whether full t ime or part t ime base to a j ust and essential social development cause, mission or endeavor in the belief t hat the ir act iv ity is mu tually meaningfu l and beneficial to pubhc interest as well as to themselves . (ss) "Vulnerability" . th e charact erist ics and circumstances of a commu nity, system or asset t hat make it suscept ible to t he damaging effec ts of a hazard. Vulnerab ility may arise trom various physical, social, economic, and env ironmental factors such as poor design and construct ion of buildings, inadequate protection of assets , lack of public inform ation and awareness, lim ited official recognit ion of risks and preparedn ess measures, and disregard for wise environmental management . (tt) "v utnerable and Margina lized Groups" - includes ind iv iduals or groups of people t hat face high er exposure to disaster risk and poverty including, but not limi ted to, women, especially pregnan t women , yout h, children especially orphans and unaccompanied children, elderly, differentlv -abled people, indigenous people, the disadvantag ed families and individuals liv ing in high r isk areas and danger zones, and those livi ng in the road r iqht -of-wevs and high ly congested areas vu lnerable to indust rial, envi ronmental , health hazards and road accidents. Included into the exposures of poverty are the marginal ized farmers and fishe r folks. RULE 3 - THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL Section 1. National Disaster Risk Reduction and Management Counci l - The present Nat ional Disaster Coord inat ing Council or NDCC shall henceforth be known as t he National Disaster Risk Reduction and Management Ccunctl, hereinafte r referred to as the NDRRMC or the Nati onal Council. Section 2. Composition - The National Council shalt be headed by th e Secretary of t he Department of Nati onal Defense (OND) as Chairperson with th e Secretary of the Depart ment of the Interior and Local Government (DILG) as Vice Chairp erson for Disaster Preparedness, t he Secretary of the Department of Social Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary of the Department of Sdence and Technology (DOST) as Vice- Chairperson for Disast er Prevent ion and Mitigation, and the Director -General of the Nat ional Economic and Development Authorit y (NEDA) as Vice Chairperson for Disaster Rehabilitat ion and Recovery . Other mem bers of the Council are: (a) Secretary of t he Depart ment of Health (DOH); (b) Secretary of the Department of Environment and Natural Resources (DENR); (c) Secreta ry of the Departmen t of Agricult ure (DA) ; (d) Secretary of the Department of Education (DepEd) ; (e) Secretary of th e Depart ment of Energy (DOE); (f) Secret ary of t he Department of Finance (DOF); (g) Secretary at the Depart ment of Trade and Indust ry ( On) ; (h) Secretary of t he Department of Transport at ion and Communications (DOTC); (I) Secretary of t he Department of Budget and Management (DBM); (j) Secreta ry of the Department of Public Work s and Highways (DPWH); (k) Secretary of t he Department of Foreign Affairs (DFA) ; 8 f IRR ofRA 101Z1 (I) Secretary of t he Department of Justice (DOJ) ; (m) Secretary of the Department of Labor and Employment (DOLE); (n ) Secretary of t he Department of Tourism ( DOT) ; (0) The Execut ive Secretary; (p) Secretary of th e Office of t he President ial Adviser on th e Peace Process (OPAPP); (q) ChaIrperson, Commission on Higher Educat ion (CHED); (r) Chief of Staff, Armed Forces of the Philippine s (AFP); (s) Chief, Philippine Nat ional Police (PNP); (t ) The Press Secretary or his equivalent ; (u ) Secretary General of t he Philippine Red Cross (PRe); (v ) Commiss ioner of the National Ant t-Povertv Comm ission-Victims of Disasters and Calamities Sector (NAPC-VDC); (w) Chairperson, National Commission on tHe Role of Filipino Women which is known today as the Phil ippine Commission on Wom en (PCW); (x) Chairperson, Housing and Urban Development Coord Inating Council (HUDCC); (y) Executive Director of the Climate Change Offi ce of th e Climate Change Commission; (z ) President , Government Serv ice Insurance System (GSIS); (aa) President , Social Security System (555); (bb ) President, Philippine Healt h In surance Corporation (PhilHealt h) ; (cc) President of t he Union of l ocal Auth orities of t he Philippines (ULAP); (dd) President of t he l eague of Prov inces of the Philippines ( l PP); (ee) President of th e League of Cit ies of the Philippines ( l CP); (ff) President of t he League of Municipa lit ies of the PhilippInes ( l MP); (gg) President of th e Liga ng Mga Barangay (LMB); (hh) Four (4) representat ives from the CSOs; ( ii) One (1) representa tive from the private sector ; and OJ) Admin istrator of the OCD. In case of th e CSO and private secto r representat ives, the National Council shall provide for t he guidelines of selection and screening thereof. Section 3. Powers and Functions - The National Council , being empowered with policy making, coord ination, integration, supervision, monitor ing and evaluation functions, shall have the following responsibilities: (a) Develop a NDRRM Framework which shall provide for comp rehensive, all-hazards, multi-sectora l, Inter-age ncy and community -based approach to disaster r isk reduct ion and management . The Framework shall serve as t he princ ipal guide t o disaster risk reduction and management effo rts in th e 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 th e NDRRM Plan is consistent with the NDRRM Framework; (c) Advise t he President on the status of disaster preparedness, prevention, mitigat ion, response and rehabil itation operat ions being undertaken by t he governm ent, CSOs, pri vate sector, and volunteers; recommend to th e President the declarat ion of a state of calamity in areas ext ensive ly damaged; and submit proposals to restore nonnalcy in t he affected areas, t o include calamity fund allocat ion; (d) Ensure a mult i-st akeholder participati on in the development, updating, and shar ing of a Disaster Risk Reduction and Management Informat ion System and Geograph ic Informat ion System -based national risk map as policy, plann ing and declsion-mekmq too ls; 9 • IR of RA 101.71 (e) Establish and/or strengthen a comprehensive, all hazards national early warni ng and emergency alert system to provid e accurate and timely advice to national or local emerg ency respon se organizat ions and to th e general pub liC through diverse mass media t o include digital and analog broadcast, cable, sate llite telev ision and radio, wirele ss com munications, and tendune communications; (f) Develop appropriate r isk t ransfer mechanisms that shall guarantee social and economic protection and increase resiliency in th e face of disaster; (g) Monit or the development and enforcement by agencies and orga nizations of t he various laws, guidelines, codes or technical standards required by t he Act ; (h) Manage and mobilize resources for disaster risk reduction and manageme nt including the Nat iona l Disaster Risk Reduction and Management Fund ; ( i) Provide necessary guidelines and procedures, and monitor the Local Disaster Risk Reducti on and Management Fund (LDRRMF) releases as well as utilization, accounting and audit ing thereof; m Develop assessment tools on t he existing and potential hazard s and risks brought about by climate change to vulnerable areas and ecosystems in coordina tion with the Climate Change Com mission; (k) Develop vertical and horizonta l coordinat ion mechanisms for a more coherent impleme ntat ion of disaster r isk reduction and management policies and progra ms by sectoral agencies and LGUs; (I) Formulate a national insti t ut ional capabil ity build ing program for disaster risk reduction and management to address t he specific weakn esses of various governm ent agencies and LGUs, based on the results of a biennial baseline assessment and studies . (m) Formulate, harmonize, and t ranslate into policies a national agenda for research and technology deve lopment on disaster risk reduction and management; (n ) I n coord ination with the Clima te Change Commission, formulate and implement a fram ework for climate change adaptat ion and disaste r risk reduction and manag ement from which all policies, programs, and projects shall be based ; (0) Constitute a t echnical mana gement gro up composed of representatives of the abovementioned departments, offices, and org anizat ions, that shall coordinate and meet as often as necessary to effective ly manage and susta in nati onal effo rts on disaster risk reduct ion and management; (p) Task the OCD to conduct periodic assessment and perform ance monitoring of the member -agencies of the NDRRMC, and the Regiona l Disaster Risk Reduction and Management Councils (RDRRMCs), as defined in t he NDRRMP; (q) Coordinate or oversee t he implementat ion of t he country's obligat ions with disaster management t reaties to which it is a party and see to it that the count ry's disaster management treaty obligations be incorporated in its d isaster r isk reduction and management fram eworks , policies, plans, programs and projects; and (r) Coord inate or oversee t he implementation of the country's obligations with disaster management treaties to which it is a party such as the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), which came into force on 24 10 IRR Of RA 10121 December 2009, and see to it that the country's disaster management trea ty obligations be incorporat ed in it s disaster risk reduct ion and management fram eworks, policies, plans, programs and projects. Section 4. Authority of the Chair person - The Chairperson of t he NDRRMC may call upon other instrumentalities or ent it ies of th e government and non-government , civic and private organizations for assistance in t erms of the use of their facilit ies and resources for t he protect ion and preservat ion of life and propert ies in the whole range of disaster risk reduct ion and management , This authority includes th e power to call on the reserve force as defined in Republic Act No. 7077 to assist in relief and rescue during disasters or calamities , Section 5. Duties &. Respons ibilities of t he National Co unci l members , 5.1 The Chairpe rson, assisted by the four (4) Vice-chairpersons, shall provide the overall direction, exercise supervision and effect coord inati on of relevant DRRM programs, projects and act iv ities consistent with respect ive National Council Member Departments or Agency mandates. 5.2 Every member agency shall be assigned funct ions relevant to their mandates, programs, geographic juri sdict ion and special constituencies to be indicated in the NDRRMP. Each agency shalt formulate its own DRRM Implement ing Plan and thei r manual of operat ions. A copy of DRRM I mplement ing Plan shall be submitted to the Nati onal Council for adopt ion, 5.3 Every member agency of th e NDRRMC shall establish their respective Emergency Operatio ns Center (EOC), subject to exemptions granted by the Nationa l Council, and shall likewise designate a focal officer for DRRM. Section 6. Meetings of the National Council - The National Council shall meet regularly every quarter on dates and place to be determ ined by the said council . The Chairpe rson of the Council may call for a special meet ing as the need arises. The Council shall form ulate internal rules for its meet ings. RULE 4- REGIONAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCIL Section 1. Regional Disaster Risk Reduction and Man agement Councils -The current Regional Disaster Coordinati ng Councils shall hencefort h be known as the Regional Disaster Risk Reduction and Management Counclls (RDRRMCs) , Section 2. Composition - The Civ il Defense Officers of the OCD who are or may be designated as Regional Directors of th e OCD shall serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the DSWD, the Dl l G, the DOST, and the NEDA. The RDRRMCs shall be composed of th e execut ives of regi onal off ices and field stati ons [at the reg ional level] of (th e] government agencies that are members of the National Council . Section 3 . Functions and responsibilities- Except for t he policy making function of the NDRRMC, the RDRRMCs shall likewise carry out coordination, integration, superv ision, monito ring and eva luatio n functi ons coveri ng Regional Council Member Agencies and the l ocal Disaster Risk Reduct ion Management Councils (LDRRMCs) wit hin their j urisdictio ns. The RDRRMC shall also be responsible In ensuri ng risk-sensi tive regional development plans, and in case of emergencies, shall convene the different regional line aqencles and concerned institu t ions and authorit ies. II t IRRofRA 10121 3.1. The RDRRMC Chairpe rson may tap the facilities and resources of other government agencies and private sectors, for the protect ion of life and properties in pursuit of disaster r isk reduct ion and management. 3.2. The RDRRMCs shall const it ute a t echni cal work ing group composed of representa ti ves of the member agencies that shall coordinate and meet as often as necessary to effective ly manage and sustai n regional efforts on disaster risk reduct ion and ma nagement. Section 4. Meetings and Secretariat - The RDRRMC shall meet regUlarly every quart er on dates and place to be determi ned by the Regional Council. The Chairperson of the Council may call for a special meetin g as tne need arises. The existi ng regional offices of OCD shall serve as secreta riat of th e RDRRMCs. The Counci l shall formulate internal rules for its meetings. Section 5. Operations Center - The RDRRMCs shall establish an operati ng facility on a 24 hour basis, to be known as the Regional Disaster Risk Reduct ion and Management Operations Center (RDRRMOC). Every member agency of the RDRRMC shall estab lish its respect ive Emergency Operat ions Center (EOq, subject to exemptions granted by the Regiona l Council, and shall designate a focal officer for DRRM. Section 6 . Metro Manila Disaster Risk Reduction and Management Council (MMDRRMC) - In keeping with the provis ions of Republi c Act No. 7924 designating Metro Manila as a special adm inistrat ive region, t he MMDRRMC shall be chaired by the Chairperson of the Metro Manila Development Autho rity (MMDA). It shall also have an organizat ional structure similar to that of the RDRRMCs to be composed of the executives of MMDA departments or offices and/or regional offi ces or f ield stat ions opera t ing in th e Nat ional capi tal Region . OCD Civil Defense Offi cer designated as Regional Director of the National Capital Region shall serv e as the RDRRMC's Vice-Chairperson on Disaster Preparedness or such ot her funct ions as may be determi ned by the MMDRRMC Chair. All ot her nati onal government agencies operat ing in NCR shall be members of t he MMDRRMC. Section 7. Autonomous Region in Muslim Mindanao (ARMM) - In the case of the ARMM, the Regional Governor shall be the RDRRMC Chairperson. The RDRRMC - ARMM may likewise have four (4) Vice Chairpersons comprising of t he Secretaries of t he DSWD·ARMM for Disaster Response, th e DILG-ARMM for Disaster Preparedness, and the DOST-ARMM for Disaster Mit igat ion and Prevention, and th e Execut ive Director of the Regional Planning and Development Offi ce (RPDO) for Disaster Rehabilitat ion and Recovery . The RORRMC-ARMM shall formulate internal rules for its meetings. Section 8. Other entities • RORRMCs may inv ite ot her concerned inst itu tions, organizations, agencies and instrum entalities in the private and publi c sector when deemed necessary to perfo rm th eir mandate. 12 IRRofRA 10121 RULE 5 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT COUNCILS Section 1. Local Disaster Risk Reduction and Management Counclls- The exist ing Provincial, City, and Municipal Disaster Coordinating Council s shall henceforth be known as the Prov incial , City, and Municipal Disaster Risk Reduction and Management Councils . The Barangay Disaster Coord inating Councils shall cease to ex ist and its powers and functions shall henceforth be assumed by the existi ng Barangay Development Councils (BDCs) which shall serve as t he lDRRMCs in every barangay. Section 2. Composition - As may be determ ined by the LDRRMC, it shall be composed of, but not lim ited to, the following : (1) The Local Chief Executive, Chairperson; (2) The l ocal Planning and Development Officer, member; (3 ) The Head of t he lDRRMO, member ; (4) The Head of t he Local Social Welfare and Development Office, member ; (5) The Head of the Local Healt h Offi ce, member ; (6) The Head of the Local Agriculture Offi ce, member; (7) The Head of t he Gender and Development Office, member; (8) The Head of the Local Engineering Offi ce, member ; (9) The Head of t he l ocal Veterinary Offi ce, member; (lO)The Head of the l ocal Budget Offi ce, member; (11)The Division Head/ Superintendent of Schools/ District Supervi sor of th e DepED, member ; (12)The highest -ranking off icer of the Armed Forces of the Philippines (AFP) assigned in th e area, member ; (13)The Provincial / City Director/ Component City/M unicipal Chief of th e Philippine National Police (PNP), member; {l4)The Prov incial Director/ City Municipal Fire Marshall of t he Bureau of Fire Protection (BFP), mem ber ; (15 )The President of th e Llga ng mga Barangay, member; (16)The Philippine Red Cross (PRC), member; (17)Four (4) accred ited CSOs, member ; and (l8)One ( l) private sector rep resentative, member. 2.1. The l DRRMC is encoura ged to include the following as its members : 13 IRR RA 1 21 (1 ) The Prov incial Director/ City/ Municipal Offi cer of the Department of Interior and Local Government; (2) The Provi ncial Director/City/Municipal Officer of the Department of Environment and Natura l Resource; (3 ) The appropriate official of th e Philippine Coast Guard or Forest Guard In th e locality, where applicable; (4) A Representative of the Sanggunian. Section 3. Cr iteria for CSOs and private ' sector represent ative - The cri teria for th e selection of CSOs and the pri vate sect or represent at ion in t he LDRRMC shall adhere with th e guide lines to be issued by the National Council for said pu rpose , including accreditation and operational mecha nisms or processes. Section 4. Functions-The LDRRMCs shall have the foll owing functions: (1) Approve, monitor and eva luate t he implementation of the LDRRMPs and annually rev iew, test and develop th e plan consistent with other national and local planning programs; (2 ) Ensure the integration of disaster r isk reduction and cli mate change adaptation into local development plans, programs and budgets as a strategy in sustainable development and poverty redu ct ion ; (3) Recom mend the implementat ion of forced or preemptive evacuation of local residen ts, if necessary; and (4) Convene the local cou ncil as provided by the Act and these Rules. Section 5. Meetings and Quorum - The meet ings of t he Local Councils shall be held once every three months on dates and place to be determined by the body. The Chairperson of the Local Coun cil may call for a special meeting as he may deem necessary . The Local Councils shall promulgate th eir respect ive int ernal rules for their meetings. The Local Disaste r Risk Reduction and Management Office (LDRRMO), referred to in th e succeeding Rule, shall serv e as the Secreta ria t . RULE 6 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT OFFICE (LDRRMO) Section 1. Establishment of an Office - There is hereby created an LDRRMO in every province, city and mu nicipality under the Office of t he Govern or, City or Municipal Mayor, respectively, and a Bara ngay Disaster Risk Redu cti on and Management Committee (BDRRMC) in every bara ngay to be headed by the Puno ng Barangay. Section 2, Composition an d Structure · The LDRRMOs shall be initially organized and compose d of a DRRMO to be assisted by th ree (3) staff responsible for : (1) administ rat ion and tra ining ; (2) resea rch and plann ing; and (3) operations and warning. 2.1. The budgeta ry source, compensation and hiring proced ure for t he DRRMO shall confo rm to t he rules and pol icies of t he CSC and the DBM, among others. 14 r 1C J Section 3. Qualifications of the DRRM Officer - The DRRM Officer provided under Sect ion 12 (b ) of the Act shall have the foll owing qua lifications : (a) Must be civil service eligible; (b) Must have a Civil DefensejDRM experience. Section 4 . Functions - The prov incial, city and municipal DRRMOs or BDRRMCs, in coord ination wit h concerned nat ional agencies and instrumentali t ies, shall perform the following functions w it h impartiality, given the emerging cha llenges brought by disas ters of our times: (1) Set the d irection, development , implementat ion and coord ination of disaster risk ma nagement prog rams within t heir temtottat j urisdiction. (2) Design , program, and coordinate disaster f isk reduct ion and management activit ies consistent wit h the National Council's standards and guidelines; (3) Facilitate and support risk assessments and cont ingency plan ning act iv it ies at the local level; (4) Consolidate local disaster risk infor mation which includes natural hazards, vulnerabil it ies, and climate change risks, and maintain a local risk map; (5) Organize and conduct t raining, orientation, and know ledge management activities on disaster risk reduction and managem ent at t he local level; (6) Operate a mu lti-haz ard early warn ing system, linked to disaster r isk reduction to provide accurate and timely advice to nat ional or local emergency response organizations and to the general public, through diverse mass media, particularly radio, landline commun icat ions, and te chnologies for communicatio n withi n rura l communit ies; (7) Form ulate and implement a comprehensive and' integrated LDRRMP in accordance with the national, regional and provincial framework, and polic ies on disaster risk reduction in close coordinat ion with the local development councils (LDCs); (8) Prepare and submit to th e local sanggunlan through the LDRRMC and th e LDC the annual LDRRMO Plan and budget , the proposed programming of the LDRRMF, other dedicated disaster risk reduction and management resources, and other regu lar funding source/s and budgetary support of the LDRRMO/BD RRMC; (9) Conduct continuous disaste r monitoring and mobilize instrumentalities and ent ities of the LGUs, CSOS, priva te groups and organized volunteers, to utilize th eir facilities and resources for the protection and preservation of life and properties dUring emergencies in accordance with exist ing polic ies and procedures ; (10) Identify , assess and manage the hazard s vulnerabilities and risks that may occur in their locality ; (11) Disseminate informat ion and raise public awareness about th ose hazards, vutnerabtttties and risks, th eir natu re, effects, early warning signs and counter-measures; (12) Ident ify and impl ement cost - effective risk reduction measures/s t rategies; (13) Maintain a database of human resource, equipment, directories, and location of critica l infrastructures and their capacities such as hospita ls and evacuat ion cente rs; 15 f IRR of RA 10121 (14) Develop, strengthen and operational ize mechanisms for partnership or networking with the private sector, CSOs, and volu nteer groups; (15) Take all necessary steps on a contin uing basis to mainta in, provide, or arra nge the provision of or to otherwise make availab le, suitably-t rained and competent personnel for effective civil defense and disaster r isk reduction and manageme nt in its area; (16) Organize, train , equip and superv ise the local emergency response t eams and the ACDVs, ensuring that humanitarian aid workers are equipped with basic ski lls to assist mothers to breastfeed: (17) Respond to and manage the adverse effects of emergencies and carry out recovery activities in th e affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for wom en and children , endeavor to create a special place where internally-displaced mothers and children can find help with breastfeeding, feed and care for th eir bab ies and give support to each other; (18) Within its area, promote and raise public awareness of and compliance with the Act and legislat ive prov isions relevant to the purpose of the Act; (19 ) Serve as the secreta riat and execut ive arm of the LDRRMC; (20) Coordina te other disaster r isk reduction and management activities; (2 1) Establish linkage/network wit h other l GUs for disaster r isk reduct ion and emergency response purposes; (22) Recommend through the lDRRMC the enactment of local ordinances consistent with the requirements of this Act ; (23) Implement policies, approved plans and programs of the lDRRMC consistent with the policies and guidelines laid down in the Act ; (24) Establish a Provincial/City/Mun lcipal/Barangay Disaster Risk Reduction and Management Operat ions Cent er; (25) Prepare and submit , through the l DRRMC and the LDC, the report on the utiliza t ion of the lDRRMF and other dedicated disaster r isk reducti on and management resources to the local Commission on Audit (eOA) for provincial/ city level and interna l audit for municipa l and component city level, copy furn ished the regional director of the OeD and the l ocal Government Operations Officer of the D1 l G; and (26) Act on other matters that may be auth orized by the LDRRMC. Section 5. The BDRRMC • It shall be a regular committee of the existing BDC and shall be subject th ereto. The punong barangay shall facilitate and ensure the parti cipation of at least two (2) eso representati ves from existi ng and active comm unity-based people's organizations representi ng the most vulnerable and marginalized grou ps in the barangay. Section 6. Local Ordinance- The local sanggunian concerne d shall enact th e appropr iate ordinance to create the DRRMO including the allocation of necessary staffing/personnel and budget. 16 r IRR 01 RA 10J1J Section 7. Infonnation and Public Awareness on Hazards, Vulnerabilities and Risks Each l GU shall provide an area within it s j urisd ict ion where hazard maps and contingency plans for maj or hazards are prominently displayed. I n add it ion, informa tion shall also be disseminated through the Internet and printed materials such as newsletters , brochures and pamphlets. Public awareness shall also be undertaken through conduct of drills by the lDRRMO on a regular basis. Section 8. link ing Local Database w ith the National Database - The local databases on human resources, equipment, directories and location of critical infrastructures and their capacities, deve loped and complied by the NDRRMOs shall be linked with the national database maintained by the OCO. • Section 9. Access to Database • The database shall be accessible and available to everyone subject to reasonable restrict ions ari sing fr om legal and security requirements, if any. Specific informat ion may be obta ined provided that a written request is submitted and under th e condit ion tha t proper citat ion and reference is made. RULE 7 - THE OFFICE OF CIVIL DEFENSE Section 1. Mandate - The Office of Civil Defense (OCD), as the implementing arm of the Nati onal Council, shall have th e primary mission of administering a comprehensive nationa l civil defense and disaster risk, reduct ion and management program by providing leadership in the cont inuous deve lopment of st rategic and syste mat ic app roaches as well as measures to reduce th e vulnerabilit ies and risks to hazards and manage the consequences of disasters. Section 2. The Administrator - The Administ rator of th e OCD shall also serve as Executive Director of the Nati onal Council and, as SUCh, shall have the same duti es and privileges of a depart ment undersecretary . The Administrator shall be a universally acknowledged expert in the field of disaste r risk reduct ion management and of proven honesty and integrity. section 3 . Powers and Functions - The OCD shall have the follow ing powers and functions in partnership and in coordination with member agencies and in consultation with key stakehol ders, as maybe applicable. (a) Advise th e Nati onal Council on matters relati ng to disaster risk reduct ion and management consiste nt wit h the policies and scope as defined in these Rules; (b) Formulate the NORRMP within six (6) month s from th e affectivity of th ese Rules and provide leadership in the implementation of the Plan. It shall ensure that the physical fram ework, social, economic and envi ronmental plans of communities, cntes, mun icipalities and provinces are consistent with such plan. The Strategic Natio nal Act ion Plan (SNAP) for Disaster Risk Reduction (ORR) adopted th rough Execut ive Order No. 888 shall be used as th e strate gic foundat ion and bUilding block for t he NDRRMP. The Nat ional Council shall approve th e NDRRMP; (c) Identify, assess and priorit ize hazards and risks in consultat ion with key stakeholders; (d) Develop and ensure the implementation of nat ional standards and standard operati ng procedures (SOP) in carrying out disaste r r isk reduction programs inclUding preparedness, mitigat ion, prevention, response and rehabilitat ion works, from data collection and analysis, plann ing, implementation, monitoring and evaluation. These national standards and SOPS shall be developed alongside the NORRMP; 17 f IRR of RA 10121 (e) Review and evaluate the local Disaster Risk Reduct ion and Management Plans (l DRRMPs), In coord ination wit h concerned agencies and or inst rumenta lit ies, to facilitate the int egration of disaster r isk reductio n measures into the local Comprehensive Developme nt Plan (COP) and Comprehensive Land-Use Plan (CLUP), (f) Ensure that the LGUs, through the Local Disaster Risk Reduction and Management Offices (lDRRMOs) are properl y informed and adhere to the natio nal standards and program s; (g) Formulate standard operating procedures for the deployment of rapid damage assessment and needs analysis (DANA) teams, information sharing among diffe rent government agencies, and coordination before and after disasters at all levels; (h) Establish an Inciden t comm and syste m (ICS) as part of the count ry's exist ing on-scene disaste r response system, t o ensure effect ive consequence management of disasters or emergencies; (I) Establish standard operati ng procedures on the communicat ion system among provincial, city, municipal, and barangay disaster risk reducti on and managem ent councils, for purposes of warni ng and alerting them and for gathering informat ion on disaster areas before, during and after disasters; (j) Establish Disaster Risk Reduct ion and Management TrainlDg....,Ingitutes in such suitable locat ion as may be deemed appropriate, in accordance with RUle~8tlere in ; (k) Ensure that all disaster risk reduct ion programs, projects and act ivities requiring regional and international support shall be in accordan ce with du ly established national policies and aligned with international agreements; (I) Ensure that government agencies and LGUs give top pr iority and take adequate and appropriate measures In disaster risk reduct ion and management; (m) Create an enabling environment for substantial and sustainable parttcpatlon of CSOs, private groups, volunteers and communit ies, and recognize their contributions in the government 's disaster risk reduct ion efforts ; (n) Conduct early recovery and post -disaster needs assessment inst ituti onalizing gender analysis as part of it ; (0) Establish an operating facility to be known as the Nat ional Disaster Risk Reduction and Management Operat ions Center (NDRRMOC) that shall be operated and staffed on a twen ty -four (24) hour basis; (p) Prepare the criteria and procedure for the enlistment of accredited community disaster volunteers (ACDVs). It shall include a manual of operat ions for the volu nteers which shall be developed by the OCD in consultation with various sta keholders ; (q) Provide adv ice and technical assistance and assist in mobilizing necessary resources to increase th e overall capacity of LGUS, specif ically the low income and in hlqh-nsk areas; (r) Create the necessary offices to perform its mandate as provided under this Act; (5) Perform secretariat functions of t he Nat ional Council; and 18 IRRofRA 10121 (t) Perform such other functions as may be necessary for effective operat ions and imp lementation of th e Act . Section 4. Staffing requirements - The Office of Civil Defense, in coordination with the Departm ent of Budget and Management and Civil Service Commission, shall come up with relevant staffing pattern wit hin th irty (30) days from approval of these Rules. The enhanced . OCD organization shall be composed of competent and qual ified technical personnel of relevant offi ces as may be deemed necessary to effectively carry out its funct ions and duties prescribed herein, subject to the approval of the Department of Budget and Management and existing evil service ru les and regulat ions Section 5. Compliance with Sal ary Standardization Law - The compensation and emoluments of the offi cials and employees 01 OCD shall be in accordance with the Salary Standardization Law and othe r applicable laws under th e National Compensat ion and Classificatio n Plan. RULE 8 - NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT TRAINING INSTITUTES Section 1. Purpose - Pursuant to Section 9 (i ) of the RA10121, NDRRM Training Inst it utes shall be established for the following purposes: (a) Train public and private individuals, both local and national, in such subject as disaster risk reduction and management, including emergency response, capacity -building programs for the implementat ion of Secti on 14 of this Act; (b) Consolidate and prepare traini ng materials and publications of disaster risk reduction and management books and manuals to assist disaster r isk reduction and management workers in the planning and implementat ion of th is program and projects; (c) Conduct research programs to upgrade knowledge and skills and document best practices on disaster risk reduction and management; and (d) Conduct periodic awareness and education programs to accommodate new elective officials and members of the lDRRMCs. Section 2. Training Programs - The OCD may engage th e expertise of the other National Council memb er agencies and other t raining organizatio ns accredited by the National Council. It shall be inclusive in conducti ng, designing and developing the training programs, materials and syllabus of the i nstitute, to ensure that the training programme and resource materials are supporti ve of the mandated tasks of th e NDRRMC. Section 3. Location - Suitable locatio ns for the establ ishment of said insti tutes shall be determi ned in consultation with concerned stakeholders and with the approval of the National Council. Section 4. Organizational Structure - The organizat ional structure of th e NDRRM Training Inst itutes shalt be developed by the OCD, subject to the approval of the National Council, in accordance with the existin g laws, rules and regulations. 19 ( IRR of RA 10121 RULE 9 - ACCREDITATION, MOBILIZATION, AND PROTECTION OF DISASTER VOLUNTEERS AND NATIONAL SERVICE RESERVE CORPS, CSOs AND THE PRIVATE SECTOR Section 1. Accreditation - The government agencies, CSOs, pr ivate sector and lGUs may mobilize indi vidua ls or organized vol unteers to augm ent their respective personnel complement and logist ical requirem ents in t he delivery of d isast er r isk reduction programs and activities. The agencies, CSOs, private secto r, and l GUs concern ed shall tak e full responsibilit y for th e enhancement, we lfare and protect ion of t heir volunteers, and shall submit the list of volunteers to the OeD, through the lDRRMO s, for accreditation and inclusion in t he database of comm unity disaster volunteers. A nat ional roster of Accredited Community Disaster Volunteers (ACDVs) , National Service Reserve Corps (NSRC) under RA 9163 or th e National Service Training Program Act of 2001 , CSOs and t he private sector shall be maintained by the OCD through the LDRRMOs. Accreditat ion of volunteers and issuance of their identification cards shall be done at the mun icipa l or city level. Section 2. Mobilization - Mobili zat ion of volunteers shall be in accordance with the guidelines to be formulat ed by the NDRRMC consistent wit h the prov isions of the Act . Section 3. Capacity Building - Training for volunteers shall form part of the volunt eer mobilizati on act ivit ies of t he N/ R/lDRRMC and the BDC. Section 5. Insurance for the ACDVs - Any volunteer who incurs death or inj ury while engaged in any of the act ivit ies defi ned under the Act shall be entitled to compensatory benefits and indi vidual personnel accident insurance. The government agency, CSO, private secto r or LGU which mobili zes the ACDVs shall be responsible fo r providing t he tatter wit h insurance and necessary benefits. Section 6. Guidelines on Mobilization, Accreditation, Capacity-Building and Protection of ACDVs from Various Sectors - The NDRRMC, through the OCD, shall formulate, promulgate and issue within t hree (3) months from t he e ffect iv ity of t hese Rules t he gUidelines on the mobilization, accreditation, capacity -buildi ng and protection of ACDVs from t he government agencies, CSOs, priva te secto r and l GUs. RULE 10 - INTEGRATION OF DISASTER RISK REDUCTION EDUCATION INTO THE SCHOOL CURRICULA AND SANGGUNIANG KABATAAN (SK) PROGRAM AND MANDATORY TRAINING FOR THE PUBLIC SECTOR EMPLOYEES Section 1. Integration into the school curricula - The DepED, t he CHED, t he Technical Educat ion and Skills Development Aut hor ity (TESDA), in coordinat ion with the OeD, the National Youth Commission (NYC), the DOST, the DENR, the D1lG-BFP, th e DOH, the D5WD and other relev ant agencies, shalt integrate disaster r isk reduction and management educat ion In t he schoo l curricula of secondary and tertiary level of educat ion, including the Nat ional Service Training Program (NSTP), whether pri vate or public, includ ing formal and non-formal, technical -vocati onal, indigenous learning, and out-of-school youth courses and programs. Section 2. Community Education and Trainlng- The NDRRMC, t he RDRRMCs, the l DRRMCs, the LDRRMOs, the BDRRMCs and th e SK councils, In coordination with the National Youth Comm ission (NYC), shall encourage community, specifically th e youth, part icipat ion In 20 f JR RofRA 10121 disaster risk reduction and management activities, such as organ izing quick response groups, particularly in iden tified dtseste r-prone areas, as well as the inclusion of disaster risk reduction and management prog rams as part of the SK programs and proj ects . In the same manner, they shall likewi se encourage and involve the community, specifically the youth, in the Disaster Risk Reduct ion Training eit her th rough actual conduct or as part icipant to the said training. Section 3. Education and Training of Employees of the Public Sector -The publi c secto r em ploye es shall be tra ined in emergency response and preparedness wit h st rong focus on gender responsiveness, sens itivity to ind igenous knowledge systems and respect for human righ ts. Towards th is end, the followin g qu ldennes are hereby establ ished to ensure its effective implementation and compliance: (a) The Civi l Serv ice Commission shall issue a direct ive req uiri ng all heads of government departments and agencies, including qovemment fin ancing institutions and local government units to conduct training on DRRM for their respective personnel. (b) A Train -t he-Tret ners approach shall be adopted for this purpose whereby member agencies of th e NDRRMC, includi ng ot her government agencies and local government units, shall organize and train thei r respective DRRM Core of Trainers who shall be respon sible in cascadi ng t he tra ini ng to the ir regional/f ield level and/ or l GU staff. (c) A standard training design and instruct ional materia ls on DRRM shall be deve loped by th e DRRM Train ing Inst it ut e in accordance with Rule 8, section l (b ) of th ese Rules and shall be implemented by the CSC. (d) Members of th e Nat iona l Council which alrea dy conduct specia lty and highty technical skill courses may cont inue wit h the conduct of said t raining programs. RULE 11 - COORDINATION DURING EMERGENCIES Section 1. Lead Agency during emergency - The LORRMCs shall take the lead in preparin g for , responding to, and recoveri ng from the effects of any disaster based on the foll owin g criteria: (a) The SOC, if a barangay is affected ; (b) The city/mun icipal DRRMCs, if two (2) or more barangays are affect ed; (c) The prov incial DRRMC, if two (2) or more cit ies/ mu nicipali ti es are affected; (d) The regional DRRMC, if two (2) or more provinces are affected; and (e) The NDRRMC, if two (2) or more reg ions are affected. The NDRRMC and intermediary lDRRM Cs shall always act as support to LGUs which have the pr imary responsibility as first disaster responders . Private sector and civil society organizat ions shall work in accordance wit h th e coordinat ion mechanism and policies set by the NDRRMC and conce rned l DRRMCs. Section 2. The Na tional Disaster Risk Reduction an d Management Operations Center (NDRRMOC) - The present NDCC Operat ions Cente r based in Camp General Emilio Aguinaldo shall henceforth be known as th e Nati onal Disaster Risk Reducti on and Management Operations Center or th e NDRRMOC, which shall serve as the Operating Facility of the 21 IRR of RA ID121 NDRRMC. It shall be operated and maintained on a twenty-four (24) hour basis by OCD staff during normal situation to be complemented by NDRRMC member agency representatives whenever blue and red alert status are raised or as may be determined by the National Coundl through OCD. Section 3. The NDRRMOC Core Functions - The NDRRMOC shall serve as t he nerve center for alert and mon it orin g, mu lti-agency and multi-level operational coordination, response and resource mobilizati on and information management. To carry out its core fu nctions, the Center shall utilize support syste ms such as early warni ng and emergency broad cast system, geographic Informat ion syste m and other space-based t echnologies, incident command system, rapid damage assessment and needs analysis, emergency logisti cs management , public-private partnerships for emergency response, and humanitarian assistance coordinat ion mechanism . • Section 4 . Sovereignty and Territorial Integrity - The sovereignty and territorial integrity of the State shall be respected at all t imes. In this context, the Philippines shall have the primary responsibility to respon d to disasters, occurring within its territory and external assistance and offers of assistance shall only be provided upon its request or consent . RULE 12 - DECLARATION OF STATE OF CALAMITY Section 1. Declaration and Lifting of State of Calamity by the President - The National Council shalt recommend t o th e President of the Phili ppines th e declarat ion of a cluster of barangays, municipaliti es, cit ies, provi nces, and regions under a state of calamity, and the lifting thereo f, based on the criteria set by the Nat ional Council. The President 's declaration may warrant international humanitarian assistance as deemed necessary. Section 2. Declaration and lifting o f State of Calamity by the Local Sanggunian - The declaration and lifting of t he state of calamity may also be issued by the local sanggunian, upon the recom mendation of t he LDRRMC, based on the results of the damage assessment and needs analysis. Section 3. Cr iteria i n Recommending the Declaration and Li fting o f a St ate o f Calamity - The Nati onal Council shall determine t he cri teria for th e declarat ion and lifting of a state of calamity, including epidemi cs. RULE 13 - REMEDIAL MEASURES Section 1. Mandatory r emedial measures · The declarati on of a state of calamity shall make mandato ry the immediate underta king of the following remedial measures by the member-age ncies concerned as defined in th e Act: (a) Imposit ion of price celling on basic necessities and prime commodities by the President upon the recommendat ion 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 ) Monitor ing, preventi on and control by th e Local Price Coordination Council of overpric ing/profitee ring and hoarding of prime commodit ies, medici nes and petroleum products; (c) Programming/reprogramming of fund s for the repair and safety upgrading of public Infrastructures and facil ities; and 22 r IRR of RA 10121 (d) Granting of no-inte rest loans by government financing or lending inst it ut ions to the most affected sect ion of the populati on th rough t heir cooperat ives or people's organizations. RULE 14 - MECHANISM FOR INTERNATIONAL HUMANITARIAN ASSISTANCE Section 1. Request for International Assistance - A call for Internat iona l assistance may be issued by th e President of the Philippines upon t he recommendat ion of the Chairman, NDRRMC, depending on the scope, magnitude of damage or im plications of the adverse effects of the disaster. As Party to the ASEAN Agreement on Disaster Management and Emerg ency Response (AADMER), the request for assistance may be sent direct ly to other ASEAN Member Sta tes or th rough the ASEAN Humanitarian Assistance (AHA) Centre in Jakarta, In donesia. It may also request assistance from other ent it ies where appropriate. For purposes of ensuring a concert ed effo rt abroad, the Department of Foreign Affairs, through t he embassies or consulates of the Philippines, may facilitate the call for inte rnat ional assistance and closely coord inate wit h th e NDRRMC for this purpose Section 2. Request for assistance by the LDRRMC - The LDRRMCs may directly subm it or request for assistance abroad in accordance with the Sect ion 23 of th e Local Government Code of 1991. Section 3. Authorized importation and donation - The importat ion and donati on of food, cloth ing, medicine and equipment for relief and recovery and other d isaster management and recovery -related supplies ls hereby aut horized in accordance with Section 105 of the Tariff and Customs Code of the Philippines, as amend ed, and th e prevailing provisions of t he General Appropr iati ons Act cover ing national interna l revenue taxes and import dut ies of nat ional and local gove rnment agencies; and Any importation and donati on intended for the operat ion of the NDRRMC and its member agencies shall be t reated as importations by and/or donat ions to the NDRRMC, subject to the ru les and regulat ions of the Tariff and Customs Code or special facil ities created by the Off ice' of the President for the purpose. Payment of dut ies and taxes by concerned member agencies, if any, shall be subject to deferred payment scheme. Foreign donations and importation s for humanitarian assistance and disaster relief shall also ,/'be qutded with the I ntern ati ona l Disast er Response Law (IDRL) and ot her related guid elines, as may be deemed appropr iate. RULE lS- INVENTORY AND MONITORING OF ALL RELIEF GOODS Section 1. Inventory and Monitoring of All Relief Goods - The National Council shall provide for t he qutdeltnes on the inventory and disposit ion and utilization and monito ring of all relief goods, Includ ing donat ions, wit hin a reasonable per iod, in order to ensure t he proper disposit ion and use th ereof. RULE 16 - PROHIBITED ACTS Section 1. Prohibited acts - Any person, group or corpo ration who commits any of the follOWing prohibited acts shall be held liab le and be subj ected to t he penalt ies as prescribed in Sect ion 20 of the Act and Rule 17 hereund er : 23 \ f IRR of R 10 ., (a) Derelict ion of duties which leads to destruction, loss of Jives, critical damage of facilities and misuse of funds; (b ) Preventing th e entry and distribut ion of rel ief goods in disaste r-stricken areas , including approp riat e technology such as Geographi c I nformat ion System, Informati on and Commu nication Technology Database/ System Management for Relief Inventory; System for Management of the Dead/ CasljC!l ty - -and the like, tools, equipment, accessories , disaster teams/ experts; (c) Buying, for consu mption or resale, from disaster relief agencies such as the DSWD, NFA, PRC, Int ernat ional Com mittee of the Red Cross (ICRC), World Food Program (WFP) and ot her such pri vate org anizations, any relief goods, equipment or other aid commodities which are Intended for distrib uti on to d isaster affected communit ies; (d) Buying, for consumpt ion or resale, from th e recipient disaster affected persons any relie f goods, equipment or ot her aid commo dities received by t hem; (e) Selling of relief goods, equipment or ot her aid commodities whi ch are int ended for distribution to d isaste r victi ms; (f) Forcibly seizing relief goods, equipment or ot her aid com modities intended for or consigned to a specific group of victims or relief agency; (g) Diverting or misdeli very of rel ief goods, equipment or other aid commodities to persons other than t he righ tfu l recipient or consig nee; (h) Accepting, possessing, using or disposing relief goods, equipment or othe r aid commodit ies not intended for nor consigned to him/her; ( i) Misrepresenting the source of rel ief goods, equipment or other aid commodities by : (1) Eit her cove ring, rep lacing or defac ing th e labels of the containers to make it appear t hat t he good s, equipment or ot her aid commodit ies came from anothe r agency or persons; (2) Repacki ng the goods, equ ipment or other aid commodities into containers wit h different markings to make it appear t hat t he goods came from another agency or persons or was released upon t he instance of a particular agency or persons; (3) Making fal se ve rba l claim th at t he goods, equipment or other aid commodity in its untampered or igina l containers actual ly came from another agency or persons or was released upon th e instance of a part icular agency or perso ns; (4) Substituting or repla cing reli ef qoods, equ ipment or ot her aid commodities with the same items or inferior/ cheaper quality. (j) Illegal solicitations by persons or organizat ions representing ot hers as defined in the standards and qutdeltnes set by t he NDRRMC; (k ) Deliberate use of fal se or infla t ed data in support of th e request for funding, relief goods, equipment or other aid commodit ies for emergency assistance or livelih ood proj ects ; and (I) Tamperin g with or stea ling hazard mon ito ring and disaster preparedness equipment and parapherna lia. 24 f IRRofRA 10121 RULE 17 - PENAL CLAUSE Section 1. Penalty, Fines - Any individual, corporat ion, part nersh ip, association, or other juridical ent ity that commits any of the prohibit ed acts provided for in Sect ion 19 of the Act shall be prosecuted and upon convictio n shall suffer a fine of not less than Fifty thousand pesos (Php50,OOO.OO) or any amount not to exceed Five hundred thousand pesos (Php500,OOO.OO) or imprisonment of not less than six (6) years and one (1) day or not more than twe lve (12) years, or both , at the discretion of the court, including perpetual disqualification from publi c offi ce if the offender is a public offi cer, and confiscat ion or forfei tu re in favor of the govemment of the objects and the inst rumentaliti es used in committing any of herein prohibited acts. Section 2. Who are liable - If the offenderIs a corporation, part nership or associatio n, or other juridical ent ity, the penalty shall be imposed upon the off icer or officers of the corporation, partn ersh ip, association or ent ity responsible for the violat ion without prejudice to the cancellatio n or revocation of th ese ent it ies' license or accreditation issued to th em by any licensing or accredited body of th e government. If such offen der is an alien, he or she shall, in addition to th e penalt ies prescribed in the Act, be deported without further proceedings afte r serv ice of th e sentence . Section 3. Other liabilities - The prosecution for offenses set forth in Sect ion 19 of the Act shall be without prej udice to any liabili ty for violat ion of Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, as well as any other special penal law enacted by Congress, & shall be without prejudice to other civil liabilit ies. RULE 18 - LOCAL DISASTER RISK REDUCTION AND MANAGEMENT FUND Section 1. Utilization of the LDRRMF - The present Local ca lamity Fund shall henceforth be known as the Local Disaster Risk Reducti on and Management Fund (LDRRMf) . Not less than five percent (5%) of the est imated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management act ivities such as, but not limited to, pre disaster preparedness programs including t raining, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities, for the paymen t of premiums on calamity Insurance and construct ion of evacuation centers . The lDRRMC shall monitor and evaluate the use and disbursement of th e 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 sanggunlan concerned, the LDRRMC may t ransfer the said fund to support disaster r isk reducti on work of other LDRRMCs which are declared under state of calamity. Section 2. Quick Response Fund · Of the amount appropria ted 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 Hving conditions of people in communi ties or areas st ricken by disasters, calamit ies, epidemics, or complex emergencies, may be normalized as quickly as possible. Section 3. Special Trust Fund- Unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of support ing disaster risk reduction and management activit ies of the LDRRMCs within the next five (5 ) years. Any such amount st ill not fully utilized afte r five (5) years shall revert back to the general fund and made available for other social services to be ident ified by th e local sanggunlan. 25 • IRROfRA 10111 ection 4 . Guidelines on Fund t racking and util ization of funds - Guidelines on Fund tracki ng and utilization of the lDRRMF shall be in accordance with existing auditing and accounti ng guidelines on public f unds, local gove rnment code and ot her applicab le laws. A ection 5. Public Disclosure of Fund Utilization - The lDRRMC s shall make public its reports on th e utilization of the l DRRMF by publicat ion and post ing th ereof in a conspicuous place, including websrtes, if any, of th e l GU/lDRRMO. The reports of the lDRRMcs on the util izat ion of t he lORRMF shall be ava ilable to the public . RULE 19 - NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT FUND Section 1. Utilization of the NDRRM Fund - The presen t Calam ity Fund appropriated under the annual General Appropriati ons Act shall henceforth be known as t he Nati onal Disaster Risk Reduction and Management Fund (NDRRM Fund) and it shall be used for disaster risk reduction or mitigation, prevent ion and pr eparedness activities such as but not limited to train ing of personnel, procureme nt of equipment, and capital expenditures. It can also be ut ili zed for relie f, recovery , reconstruct ion and other work or serv ices in connection with natural or human-induced calamit ies which may occur during the budget year or those that occurred in the past two (2) years from t he budget year. . Section 2. Amount - The specific amount of the NORRM Fund and t he appropriate recipient agencies and/or l GUs shall be determined upon approva l of the Pres ident of the Phil ippines in accordance with th e favorable recommendation of the NDRRMC. Section 3. Qu ick Response Fund · Of the amount appropriated for the NDRRM Fund, thirty percent (30 % ) shall be allocated as Quick Response Fund (QRF) to th e agencies identified by t he NDRRMC. • • • Section 4. Accounting - All depart ments/a gencies and lGUs tha t are allocated with DRRM fund shall submit to the NDRRMC t heir monthly statements on the ut il izat ion of DRRM funds and make an accounting thereof in accordance with existing accounting and auditing rules . Section 5. Fu nding for DRRM Proj ects - All departments, bureaus, offices and agencies of the gove rnment are hereby author ized to use a port ion of their approp riations to implement proj ects designed t o address DRRM act iv it ies in accorda nce with the qutoeunes to be issued by the NDRRMC in coordinat ion - with the DBM. RULE 20 - FUNDING OF THE OCD Section 1. Budget - As lead agency to carry out t he provisions of t he Act , t he OCD shall be allocated a budget of One Billi on Pesos (Php l,OOO,OOO,OOO.OO) revclvtnq fund starting from the effectivity of t his Act , which shall be taken from sources to be identified by the National Council. Thereafter, t he fund necessary to carry out the provisi ons of this law shall be included in th e Genera l Appropriat ions Act . RULE 21- ANNUAL REPORT Section 1. Deadline for the annual report - The Nati onal Council , t hrough the OCD, shall submit to t he Offi ce of the President, the Senate and t he House of Representat ives, with in t he first quarter of th e succeeding year, an annual repo rt relating to the progress of the implementation of the NORRMP. 26 IRR of RA 101]1 Section 2. Inputs of other agencies to the annual report - Within the month of January of th e succeeding year and every January th ereafter , all member agencies shall submit to t he OCD, as Secreta riat of the NDRRMC, th eir respect ive annual reports for purposes of consolidation and anal ysis. These annua l reports shall in tum be submitted by the OCD to th e Chairperson, NDRRMC. RULE 22 - CONGRESSIONAL OVERSIGHT COMMITTEE Section 1. Functions - The Congressional Oversight Comm it tee created and composed under section 26 of the Act shall monito r and overse e the implementat ion of th e provisions thereof . The Nat ional Council may submit proposed remedial legisl at ion to the Congre ssional Oversight Committee. • Section 2. Period for Review - Wit hin fiv e (5 ) years after the effectivity of the Act, or as the need arises, the Congressional Oversight Commit tee shall conduct a sunset review. For purposes of th ese Rules, the te rm "sunset rev iew" shall mean a systematic evaluation by the Congressional Oversight Committee of th e accom plishm ents and impact of t he Act, as well as the performance and orga nizational st ructure of its implementing agencies, for purposes of determining remedial leg islation. RULE 23 - TRANSITORY PROVISION Section 1. Existing Practices , Guidelines - Pending t he development and approval of t he necessary gUidelines cited in th e Act and these Rules, l .e., accreditation of volunteers, etc., within the per iod speotied herei n, exist ing pract ice and procedures shall be mainta ined. RULE 24 - SEPARABILITY CLAUSE Section 1. Validity of provisions - If any provision of th ese Rules shall be held unconstitutional or invalid, the oth er provisions not ot herwise affected shall remain in fu ll force and effect. RULE 25 - AMENDATORY CLAUSE Section 1. Amendment - The National Council , through its Chairperson, may cause the amendment of these I mplement ing Rules and Regulations, as t he need arises. RULE 26 - EFFECTIVITY CLAUSE Section 1. Publication - These Rules shall take effect fifteen (15) days following the complete publicati on th ereof in a newspaper of general circulat ion. I t"""~i SECRETARY~ " . ""1JOIW.DH£NSE I LT IRE T. IN Se reta ry of Netto al Chairp rson Nati ona l Disaster Risk Reduction and Management Council SEP 21 2010 1I1I11111Itillli WlmiU Vffi. IOl6.21 27