VOTING 177-0, the House of Representatives on Wednesday approved on third and final reading House Bill No. 11430, which seeks to institutionalize the declaration of a State of Imminent Disaster—a proactive mechanism designed to prevent loss of lives, property, and livelihoods during impending natural or man-made calamities.
Speaker Ferdinand Martin G. Romualdez, principal author of House Bill No. 11430, said the proposed law aims to prevent the loss of lives, properties and livelihoods in the event of a disaster or a calamity, whether natural or man-made.
He noted that the Philippines, being located along the Pacific Typhoon Belt, is visited by an average of 20 storms per year which cause disruptions to life and economic activities, and even loss of lives. With climate change, these weather disturbances have become increasingly stronger.
“The proposed Declaration of State of Imminent Disaster Act will enable the national government, local government units, and our communities to better prepare for and respond to disasters or natural calamities. Better preparation and responses will save lives, properties, and livelihoods,” the leader of the 306-strong House of Representatives said.
Co-authors of the bill include Reps. Jose Manuel Alba, Alan Ecleo, Eduardo Rama Jr., Anthony Rolando Golez Jr., Laarni Roque, Joey Salceda, Olga Kho, Dante Garcia, Steve Chiongbian Solon, Eleanor Bulut-Begtang, Stella Luz Quimbo, Jude Acidre, Angelica Natasha Co, Joseph Gilbert Violago, Bienvenido Abante Jr., Peter John Calderon, Francisco Jose Matugas, Loreto Acharon, Rosanna Vergara, Augustina Dominique Pancho, Joseph Tan, Ricardo Cruz Jr., Salvador Pleyto, Wowo Fortes, Loreto Amante, Jaime Fresnedi, Arnan Panaligan, Mark Go, Bai Dimple Mastura, Sergio Dagooc, Ramon Rodrigo Gutierrez, Bonifacio Bosita, Anna York Bondoc, Wilfrido Enverga, Juliet Marie Ferrer, Rufus Rodriguez, and Zia Alonto Adiong.
HB 11430 authorizes the President, to declare a State of Imminent Disaster over a cluster of barangays, municipalities, cities, provinces and regions using guidelines issued by the National Disaster Risk Reduction and Management Council (NDRRMC).
The local chief executive (LCE), through an executive order and upon the recommendation of the local DRRM council, may also declare a state of imminent disaster in his area of jurisdiction.
Various hazards, such as natural and human-induced disasters, epidemics, pandemics, other illnesses of public health concern, and other events disrupting the normal functioning of communities may cause the declaration of a state of imminent disaster.
The declaration shall allow the national and local DRRM councils to use national and local resources and mechanisms to implement anticipatory measures.
Local government units shall include planned interventions in their regular programs, plans, activities, and budgets. For national government agencies, implementation funding shall be charged against the National DRRM Fund.
The proposed law penalizes the following acts:
(a) Dereliction of duties, which leads to destruction, loss of lives, critical damage to facilities, and misuse of funds;
(b) Preventing the entry and distribution of relief goods in areas declared under a State of Imminent Disaster, including appropriate technology, tools, equipment, accessories, shelter implements, and disaster teams and experts;
(c) Buying from disaster relief agencies, for consumption or resale, any relief goods, equipment, or other commodities that are intended for distribution to areas declared under a State of Imminent Disaster;
(d) Buying, for consumption or resale, from the recipient communities forecasted to be affected by an imminent disaster of any of their relief goods, equipment, or other aid commodities received by them;
(e) Selling of relief goods, equipment, or other aid commodities that are intended for distribution to recipient communities forecasted to be affected by imminent disaster.
(f) Forcibly seizing relief goods, equipment, or other aid commodities intended for or consigned to a specific group or relief agency for purposes of disaster preparedness;
(g) Diverting or misdelivery of relief goods, equipment, or other aid commodities to persons other than the rightful recipient or consignee;
(h) Accepting, possessing, using, or disposing of relief goods, equipment, or other aid commodities not intended for nor consigned to a specific group or relief agencies;
(i) Misrepresenting the source of relief goods, equipment, or other aid commodities by:
1) Either covering, replacing, or defacing the labels of the containers to make it appear that the goods, equipment, or other aid commodities came from another agency or persons;
(2)Repacking the goods, equipment, or other aid commodities into containers with different markings to make it appear that the goods came from another agency or persons or were released upon the instance of a particular agency or persons;
(3)Making false verbal claims that the goods, equipment, or other aid commodities and the untampered original containers came from another agency or persons or were released upon the instance of a particular agency or persons;
(j) Substituting or replacing relief goods, equipment, or other aid commodities with the same items or inferior/cheaper quality;
(k) Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC;
(l) Deliberate use of false and inflated data in support of the request for funding, relief goods, equipment, or other aid commodities for emergency assistance or livelihood projects; and
(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia.
The bill imposes a prison term of six years and one day to 12 years, or a fine of P50,000 to P500,000, or both upon the discretion of the court, on any person, corporation, partnership, association or any juridical entity that commits any of the prohibited acts.
The offender shall also be perpetually disqualified from public office if he is a public officer.
If it is a corporation, partnership, association or other juridical entity, the officer or officers responsible for the violation shall suffer the penalty. Its business permit or license may also be canceled.
The measure mandates the NDRRMC to issue implementing rules and regulations, including operational guidelines and procedures. A congressional oversight committee is likewise created to oversee its implementation. (
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