Declaration of State of Imminent Disaster Act (Republic Act 12287)

ARTICLE I GENERAL PROVISIONS SECTION 1. Short Title. - This Act shall be known as the "Declaration of State of Imminent Disaster Act". 2 3 SEC. 2. Statement of Policy. - It shall be the policy of the State to: SEC. 3. Definition of Terms. - As used in this Act: (a) Protect the lives, properties, and livelihoods of its (a) Anticipatory Action refers to action taken to reduce citizens by addressing risks, particularly the root causes of the adverse humanitarian and other impacts of a forecasted vulnerabilities, exposure to hazards, and the capacity to hazard before it occurs, or before its most acute impacts are anticipate and cope with such hazards; felt. It is performed by any individual, organization, or concerned government agency to mitigate a .disaster's impact (b) Provide maximum care, assistance, protection, and on people, animals, and properties that are likely to be affected; services to individuals and families to be affected by a disaster, (b) Ca3cading hazards refer to hazards with a systematic implement anticipatory action and response measures to lessen causal relationship and expressed in a, sequence of secondary the impact of a disaster, and facilitate implementation of events in natural and human systems that lead to physical, contingency plans to minimi7,e disruptions to normal social and •environmental, societal, or economic disruption; economic activities; (c) Declaration of a. State of Imminent Disaster refers (c) Bridge the gap between long term disaster risk to the declaration made in anticipation of a highly probable reduction efforts and reactive humanitarian response, by disaster with projected catastrophic impacts based on forecast enabling the implementation of shorter term measures based and on t:t:ie results of pre-disaster risk assessment to on forecasts and data on the impact of past events, potential supplement national and local resources in preventing or exposure, and vulnerability; mitigating damages and losses; (d) Hazard refers to a hydrometeorological, geological, and (d) Integrate Anticipatory Action principles into existing climatic hazard that can be modeled and forecasted within the plans and policies at the national and local levels; allowable or sufficient lead time before impact, such as but not limited to flood, typhoons, droughts, heat or cold waves, (e) Acknowledge and strengthen the capacities of local and storm surges; government units (LGUs), relevant national government agencies, and communities in preparing for, anticipating, (e) lmniinent Disaster refers to a highly probable disaster responding to, and recovering from the impact of disasters; with severe projected impacts; (f) ~ Respond to the differentiated concerns and needs of (f) Lead time refers to the period between the issuance of a forecast and the expected or estimated occurrence of vulnerable and marginalized groups with respect to disaster a predicted event. The time span can rnnge from hours to resilience and disaster management; days which may depend on the nature and scale of the forecasted hazard; (g) Provide various mechanisms that ensure transparency and accountability in disaster and climate risk (g) Pre-Disaster Risli Assessment refers to the process of governa,nce; and evaluating a hazard's level of risk given the degree of exposure and vulnerability in a specific area. It presents the possible (h) Establish a funding source for sustainable implementation impacts on the people, animals, production capacities, of programs, projects, and activities for Anticipatory Actions. environmental services, and properties and serves as basis to 4 5 determine the appropriate level of response actions from the consideration the local risk profiles, institutional capacities, and national government agencies down to LGUs; and potential for occurrence of cascading hazards notwithstanding the forecasted impacts falling below the established thresholds (h) Severe refers to an impact level with major, large-scale, for scenarios classified as severe; and and possibly catastrophic damage or disruption with anticipated collapse in the socio-economic systems in the affected areas. (b) An allowable or sufficient lead time of three (3) days, which may be extended to five (5) days for the national or

ARTICLE II local government 'to implement Anticipatory Action interventions. STATE OF IMMINENT DISASTER SEC. 7. Duration and Lifting of the Declaration of State SEC. 4. Coverage. - This Act shall cover hazards, as of Imminent Disaster. - If the latest pre-disaster risk • defined in Section 3, with projected catastrophic impacts based . assessment states that the projected impacts are not met, the on forecast and the results of pre-disaster risk assessment. National or Regional DRRM Councils shall recommend the immediate lifting of such declaration by the President or the SEC. 5. Declaration of State of Imminent Disaster. - The local chief executive. President of the Philippines, upon the recommendation of the National Disaster Risk Reduction and Management Council The State of Imminent Disaster shall automatically be (NDRRMC) utilizing recognized and adopted pre-disaster risk lifted upop. the occurrence of the hazard. assessment mechanisms as informed by mandated national government agencies, may declare a State of Imminent SEC. 8. Monitoring of Declaration of State of Imminent Disaster over a cluster of barangays, municipalities, cities, Disaster. - The Office of Civil Defense (OCD) shall monitor provinces, and regions. the areas declared by the President to be under a State of Imminent Disaster, while concerned government agencies shall The local chief executives, upon the recommendation of report to the OCD: (a) the status of declarations at the local the Regional Disaster Risk Reduction Management (DRRM) level, (b) Anticipatory Action Funds and utilizations, and Councils, may declare a State of Imminent Disaster through (c) estimated economic and social costs minimized. an executive order in their respective jurisdictions that are forecasted to be affected by an imminent disaster. A summary report on the overall status of areas declared to be under a State of Imminent Disaster shall be submitted SEC. 6. Criteria for Declaration of State of Imminent by the OCD to the NDRRMC. Disaster,. - The NDRRMC or the Regional DRRM Counci\s shall conduct a pre-disaster risk assessment in anticipation of a highly probable disaster with projected catastrophic impacts ARTICLE III which shall serve as the basis for the Declaration of a State of Imminent Disaster. The following conditions shall be present MEASURES TO BE UNDERTAKEN UPON DECLARATION OF in the pre-disaster risk assessment: STATE OF IMMINENT DISASTER (a) Classification of a forecasted hazard_'.s impacts as SEC. 9. Anticipatqry Measures for the Disaster Risli severe or its equivalent, with adverse effects on the concerned Reduction Management Councils. - The Declaration of a State population, particularly vulnerable groups of the community, of Imminent Disaster shall allow the National, Regional, and and on significant sectors such as, but not limited to, Local DRRM Councils the t1se of national and local resources agricultural, business, and industrial sectors taking into and mechanisms to implement anticipatory actions within the 6 7 identified or allowable lead time, including but not limited to risk assessment. The graduation of allowable disbursements the following: for each level of forecasted hazard and risk shall be defined in the implementing rules and regulations (IRR), taking into (a) Issue and disseminate public information advisories account scientific forecasts, operational feasibility, and the need on recommended actions to relevant sectors in consultation to balance responsiveness with fiscal prudence. The graduation with experts from various concerned agencies; of disbursement shall not apply to other funding sources that may be lawfully utili~ed for anticipatory action, including (b) Mobilize and strategically preposition inter-agency agency budgets, external grants or donations, or other sources response teams; authorized by law. (c) Initiate pre-emptive or forced evacuation, as needed; All relevant national government agencies shall ensure (d) Mobilize duly accredited and trained volunteers; that anticipatory action measures are included in their regular agency PPAs to be funded by their regular agency budgets (e) Proc1ll'e, mobilize, strat.egicallypreposition, and dis1ribut.e as Anticipatory Action Funds and properly included in the food and non-food items to forecast.ed affect.ed population; General Appropriations Act. The National DRRM Fund may also be used to fund anticipatory action programs. (f) Implement a social amelioration program for the indigent and most vulnerable members of the population within Identified funds shall be disbursed immediately for this their jurisdiction; purpose and may be used until the lifting of the Declaration of a State of Imminent Disaster. (g) Implement contingency plans to mitigate damage to agricultural products and food supply; and SEC. 11. Changes in Hazard Forecast. - The following courses of action shall be observed in cases of (h) Provide technical and advisory assistance for the non-occurrence of the predicted hazard or event despite the management, control, and reduction of the immediate threats Declaration of a State of Imminent Disaster: to public health and safety. (a) The unutilized funds in the case of LGUs shall SEC. 10. Funding. - The LGUs shall include anticipatory accrue to the Special Trust Fund. Unutilized funds of the action measures in their regular Programs, Plans, and national government agency shall revert to the National Activities (PPAs) lodged under their respective Local DRRM Treasury as part of the General Funds upon the lifting or Funds,-<-as reflected in their Local DRRM Plans. The termination of the Declai·ati.on of a State of Imminent Disaster. unexpended fund from the Local DRRM Fund accruing to the Special Trust Fund may also be used for such anticipatory (b) The Depai·tment of Social Welfare and Development action measures, in addition to the purposes provided under ) Section 21 of Republic Act No. 10121 or the "Philippine and the Local Social Welfare and Development Office concerned Disaster Risk Reduction and Management Act of 2010". shall take chru·ge of the storage of food and other non-food ) items at the national and local levels, respectively, if the Further, LGUs may obtain funds from other sources to fulfill the objectives of this Act, subject to pertinent ~ccounting and concerned government agency has already acquired the auditing laws and regulations. additional resources needed through the use of funds released for anticipatory action. The disbursement of funds shall be graduated and proportionate to the forecasted severity, lead time, and (c) Services rendered by third parties shall be subject anticipat.ed extent of damage as <let.ermined in the pre-disaster to just compensation on a q1iantum memit basis. 8 SEC. 12. Prohibited Acts. - In addition to the prohibited acts under Section 19 of Republic Act No. 10121, any person, group, or corporation who commits any of the following acts I Persons who conspire to commit any of the prohibited acts under Section 12 shall be punished by the same penalty 9 prescribed herein. shall be held liable and be subjected to tbe penalties prescribed in Section 13 of this Act:

ARTICLE IV (a) Malicious creation or spreading of false information, including hazard and risk information, from demonstrably FINAL PROVISIONS spurious sources, whether domestic or foreign; or SEC. 14. Implementing Rules and Regulations. - The (b) Manipulation of assessment reports and related NDRRMC, through its Chairperson, upon consultation with information to support improper declaration of a State of relevant stakeholders, shall issue the necessary rules and Imminent Disaster. regulations, including operational guidennes and procedures, for the effective implementation of this Act within sixty (60) days SEC. 13. Penal Clause. - Any individual, corporation, after the approval of this Act. partnership, association, or other juridical entity that commits any of the prohibited acts provided in Section 12 of this Act shall be prosecuted and, upon conviction, suffer a fine of not SEC. 15. Congressional Oversight Committee. - There is less than Fifty thousand pesos (P50,000) but not more than hereby created a Congressional Oversight Committee (COC) to Five hundred thousand pesos (P500,000), or imprisonment of monitor and oversee the implementation of the provisions of not less than six (6) years and one (1) day but not more than this Act. The COC shall be composed of five (5) members of twelve (12) years, or both, at the discretion of the court, the House of Representatives and five (5) members of the including perpetual disqualification from public office if the Senate. The minority shall be entitled to pro rata offender is a public officer, and conn.scation or forfeiture in favor representation but shall have at least one (1) representative of the government of the objects and the instrumentalities used from ea·ch Chamber. It shall be jointly chaired by the in committing any of herein prohibited acts. Committee on Disaster Resilience Chairperson for the House of Representatives and the Committee on National Defense and If the offender is a corporation, partnership, association, or other juridical entity, the penalty shall be imposed upon Security, Peace, Unification and Reconciliation Chairperson for the officer or officers of the corporation, paitnership, association, the Senate. It shall render a report and recommendation to or entity responsible for the violation without prejudice to the Congress, which shall be the basis for policy legislation in cancellc\'.tion or revocation of the entities' licenses or disaster resilience. accreditation issued by any licensing or accredited government body. If such offender is an alien, he or she shall, in addition SEC. 16. Separability Claiise. - If, for any reason, any to the penalties prescribed in this Act, be deported without provision or part of this Act is declared unconstitutional or further proceedings after service of sentence. invalid, such parts not affected thereby shall remain in full force and effect. The prosecution for offenses set forth in Section 12 of this Act shall be without prejudice to any liability fc;irviolation of SEC. 17. Repealing Clause. - All laws, decrees, executive Act No. 3815, as amended, otherwise known as "The Revised Penal Code", and other civil liabilities. orders, rules and regulations, and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended, or modified accordingly. ' I SEC. 18. Effectiuity. - This Act shall take effect fifteen (15) days after its publication in the O{fici,a.ZGazeUeor in a newspaper of general circulation. Approved, <=-i:< FERD FR.ANOS"0-lIZ" G. ESCUDERO President of the Senate of Representatives This Act was passed by the Senate of the Philippines as Senate Bill No. 2999 on June 9, 2025 and adopted by the House of Representatives as an amendment to House Bill No. 10422 on June 10, 2025. ~Secretary General House of Representatives Approved: Sf p 1 2 2025 ~ FERDINAND RONlUALbEz MARcos JR. Presidef-it of the Philippines REPUBLIC OF TH£ PHILIPPINES 0 IIIIIIIIIIll 111111111111111 PBBM010030 AID.LOVE ~Er('£