3. • Republic Act 10121 or the Philippine Disaster Risk
Reduction and Management Act of 2010 is entitled
as, “An Act Strengthening the Philippine Disaster
Risk Reduction and Management System, providing
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”.
4. •This was signed into law on May 27, 2010
and the Implementing Rules and Regulation
(IRR) was approved three months later on
September 27, 2010. This revolutionary law
defines the disaster management system in
the Philippines.
5. Republic Act 10121
•The Act shifted the policy environment and
the way the country deals with disasters from
mere response to preparedness. RA 10121
provides a comprehensive, all-hazard, multi-
sectoral, inter-agency, and community-based
approach to disaster risk management
through the formulation of the National
Disaster Risk Management Framework.
6. Republic Act 10121
• A National Disaster Risk Management Plan
(NDRMP) is being formulated, developed, and
implemented as the master plan that will provide
the strategies, organization, tasks of concerned
agencies and local government units, and other
guidelines in dealing with disasters or emergencies.
Through this plan, a coherent, integrated, efficient,
and responsive disaster risk management at all
levels will hopefully be achieved.
7. Republic Act 10121
• The law also promotes the development of
capacities in disaster management at the
individual, organizational, and institutional levels.
A very important feature of this law is its call for
the mainstreaming of disaster risk reduction in
physical and land-use planning, budget,
infrastructure, education, health, environment,
housing, and other sectors.
8. Republic Act 10121
• RA 10121 also recognizes local risk patterns and
trends and decentralization of resources and
responsibilities and thus encourages the
participation of NGOs, private sectors, community-
based organizations, and community members in
disaster management. It inhibits the full
participation of the Local Government Units (LGUs)
and communities in governance. The approach
tends to be 'response-oriented' or 'reactive.'
9. Republic Act 10121
• This is evidenced by the widespread emphasis on post-
disaster relief and short-term preparedness, such as
forecasting and evacuation, rather than on mitigation
and post- disaster support for economic recovery.
• Moreover, the Act mandates the establishment of a
Disaster Risk Reduction and Management Office
(DRRMO) in every province, city and municipality, and
a Barangay Disaster Risk Reduction and Management
Committee (BDRRMC) in every barangay.
10. Republic Act 10121
• The Strategic National Action Plan on Disaster Risk
Reduction for 2009-2019 aims to enhance the
capacities of Local Disaster Risk Reduction and
Management Councils.
• Finally, RA10121 provides for the calamity fund to be
used in support of disaster risk reduction or
mitigation, prevention, and preparedness activities
for the potential occurrence of disasters and not just
for response, relief, and rehabilitation efforts.
11. Salient provisions of the PDRRM
Law include:
• 1. Section 5 provides for the creation of the
National Disaster Risk Reduction and
Management Council (NDRRMC) which is
formerly known as the National Disaster
Coordinating Council but its membership and
functions have increased to cope with
complexities of disasters at present times.
12. •The NDRRMC is headed by the Secretary of the Department of
National Defense (DND) as Chairperson with the Secretary of the
Department of the Interior and Local Government (DILG) as Vice
Chairperson for Disaster Preparedness, the Secretary of the
Department of Social Welfare and Development (DSWD) as Vice
Chairperson for Disaster Response, the Secretary of the Department
of Science and Technology (DOST) as Vice Chairperson for Disaster
Prevention and Mitigation, the Director-General of the National
Economic and Development Authority (NEDA) as Vice Chairperson
for Disaster Rehabilitation and Recovery, and the Administrator of the
Office of Civil Defense (OCD) as the Executive Director, and 39
members as shown in Figure 12.
•
14. Salient provisions of the PDRRM
Law include:
2. Section 8 of the law stipulates that the Office of
Civil Defense(OCD) shall have the primary mission of
administering a comprehensive national civil defense
and disaster risk reduction and management program
by providing leadership in the continuous
development of strategic and systematic approaches
as well as measures to reduce the vulnerabilities and
risks to hazards and manage the
consequences of disasters.
15. Section 8
•The Administrator of the OCD serves as the Executive
Director of the National Council and, as such, shall have the
same duties and privileges of a department undersecretary.
All appointees shall be universally acknowledged experts in
the field of disaster preparedness and management and of
proven honesty and integrity. The National Council shall
utilize the services and facilities of the OCD as the
Secretariat of the National Council. The OCD has 19
functions, duties and responsibilities as stipulated in the law.
16. Section 8
• It is further provided for in the law that the
NDRRMC shall establish an Operations Center.
This is the 24/7 facility for monitoring and
coordination. It is where we disseminate situation
reports, alerts and communications to all Council
members and various stakeholders. It is also a
venue for us to facilitate effective management of
the consequences of disasters.
•
17. Section 22
• Section 22 of RA 10121 provides for the National Disaster
Risk Reduction and Management Fund. (a) The present
Calamity Fund appropriated under the annual General
Appropriations Act shall henceforth be known as the National
Disaster Risk Reduction and Management Fund (NDRRM
Fund) and it shall be used for disaster risk reduction or
mitigation, prevention and preparedness activities such as,
but not limited to, training of personnel, procurement of
equipment, and capital expenditures. It can also be utilized
for relief, recovery, reconstruction and other work or services
in connection with natural or human induced calamities
which may occur during the budget year or those that
occurred in the past two (2) years from the budget year.
18. Section 22
(b) The specific amount of the NDRRM Fund and
the appropriate recipient agencies and/or LGUs
shall be determined upon approval of the
President of the Philippines in accordance with
the favorable recommendation of the NDRRMC.
19. Section 22
(c)Of the amount appropriated for the NDRRM
Fund, thirty percent (30%) shall be allocated as
Quick Response Fund (QRF) or stand-by fund for
relief and recovery programs in order that
situation and living conditions of people in
communities or areas stricken by disasters,
calamities, epidemics, or complex emergencies,
may be normalized as quickly as possible.
20. Section 22
(d)All departments/agencies and LGUs that
are allocated with DRRM fund shall submit
to the NDRRMC their monthly statements
on the utilization of DRRM funds and make
an accounting thereof in accordance with
existing accounting and auditing rules.
21. Section 22
(e)All departments, bureaus, offices and
agencies of the government are hereby
authorized to use a portion of their
appropriations to implement projects designed
to address DRRM activities in accordance
with the guidelines to be issued by the
NDRRMC in coordination with the DBM.
22. Section 22
Notably, the special provisions for the NDRRM Fund
under the General Appropriations Act No. 10964,
provided for the aid, relief and rehabilitation services
to communities / areas affected by human-induced
and natural calamities, and repair and reconstruction
of permanent structures, including other capital
expenditures for disaster operation, and
rehabilitation activities with a total budget amounting
to Nineteen Billion Six Hundred Million Pesos (P19.6
B).
23. Section 22
• In addition to the NDRRM Fund, the amount of Seven Billion
• Six Hundred Million pesos (P7.6B) is used for the Quick
• Response Fund of various agencies such as the Departments of
Social Welfare and Development, National Defense, Health,
Public Works and Highways, Education, and Agriculture, as
well as National Electrification Administration and National
Irrigation Administration. Release of funds for other agencies
in need of QRF shall be subject to the submission of a favorable
recommendation of the NDRRMC and approval of the DBM.
24. Section 23
• 9. Section 23 of the law also specifies funding of the
OCD as lead agency to carry out the provisions the
Philippine Disaster Risk Reduction and Management Act
of 2010. The OCD shall be allocated a budget of one
billion pesos (PhP1,000,000,000.00) revolving fund
starting from the effectivity of this Act. The National
Council, through the OCD, shall submit to the Office of
the President, the Senate and the House of
Representatives, within the first quarter of the
succeeding year, an annual report relating to the
progress of the implementation of the NDRRMP.
26. Prohibited acts
• Dereliction of duties which leads to
destruction, loss of lives, critical damage of
facilities, and misuse of funds;
• Actually, public as well as private individuals could
commit this act especially medical teams or those
in the public positions or officials of government.
27. Prohibited acts
• Preventing the entry as well as the distribution of
relief goods in disaster-stricken areas, including
appropriate technology, tools, equipment, accessories,
disaster teams/experts;
• During a disaster or a calamity, of course, there will
be competition among people in the affected areas
however, that should not be a justification for one (1)
to prevent the entry or distribution or the withholding
of the relief goods in disaster-stricken areas.
28. Prohibited acts
• Buying for consumption or resale, from disaster
relief agencies any relief goods, equipment, or other
commodities which are intended for distribution to
disaster-affected communities;
• You will notice that most of the prohibited acts are
actually those acts that would create profit out of
the act during a calamity. It should not be
considered as an avenue for taking advantage or
getting some benefits out of it because everyone is
suffering especially in those disaster-stricken areas.
29. Prohibited acts
•Buying for consumption or resale, from the
recipient disaster-affected persons any relief
goods, equipment, or other aid commodities
received by them;
Another prohibited act in relation to buying for
consumption or resale would be buying from the
victims themselves. The first form would be from
the relief agencies, and the second form would be
from the affected person.
30. Prohibited acts
•Selling of relief goods, equipment, or other
aid commodities intended for distribution
to disaster victims;
•So, instead of distributing it to the victims,
one is selling it to get profit. This is another
form of profiteering.
31. Prohibited acts
• Forcibly seizing relief goods, equipment, or other
aid commodities intended for or consigned to a
specific group of victims or relief agency;
• The forcible seizure of relief goods intended for a
specific person it is consigned to but without any
justification, the relief goods are seized.
32. Prohibited acts
•Diverting or misdelivery of relief goods,
equipment, or other aid commodities to
persons other than the rightful recipient
or consignee;
•Undoubtedly, the mere act of diverting
as well as misdelivery is punishable
under this law.
33. Prohibited acts
• Accepting, possessing, using, or disposing of relief
goods, equipment, or other aid commodities not
intended for nor consigned to him/her;
• From the giver to the recipient. Accepting, possessing,
using, or disposing of relief goods that are not intended.
There are two (2) processes, the distribution from the
giver side and then to the recipient or the receiver side.
•
34. Prohibited acts
• Misrepresenting the source of relief goods,
equipment, or other aid commodities by;
1. Covering, replacing, or defacing the labels of the
containers to make it appear that the goods,
equipment, or other aid commodities from another
agency or persons;
The relief goods are coming from the UN agencies and
then relabeled under the politician’s name. The law does
not allow it.
35. Prohibited acts
2. Repacking the goods, equipment, or other aid
commodities into containers; and
3. Making false verbal claims that the goods, equipment,
or other aid commodities when its untampered original
containers actually came from another agency or
persons.
It is like claiming. There is also an advantage here because the
person (the claimant) would be known to everyone that he is a
philanthropist, generous, a politician, a political leader, or an
official of the government who cares for the disaster victims.
36. Prohibited acts
•Substituting or replacing relief goods,
equipment, or other aid commodities with
the same items or inferior/cheaper quality;
•Giving out substandard quality which is not
supposed to be the case because the victim
should be given the utmost form of the
product.
37. Prohibited acts
•Illegal solicitations by persons or
organizations representing others;
•In other words, you are claiming that you are
from this organization, which is not therefore,
you are lying to others hence you are given
funds supposed to be for the disaster victims.
It is like a false claim.
38. Prohibited acts
•The 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
•Inflating it would mean the increase of
funding so, there is again the element of
profit or taking advantage.
39. Prohibited acts
•Tampering with or stealing hazard
monitoring and disaster preparedness
equipment including paraphernalia.
•The law does not allow this. We will not be
having a reliable source of data to give to the
disaster-stricken areas or the persons
affected.
41. Penalties of R.A. 10121
•Who could be liable?
Individual, corporation, partnership, association,
or other juridical entity.
There is no qualification or there is no discrimination or
advantage to any other person because an individual or
a corporation can be liable.
42. Penalties of R.A. 10121
• What are the penalties?
Fine (P50,000.00 – P500,000.00);
The fine will not be less than P50,000.00 and not more than
P500,000.00 if found guilty.
Imprisonment (6 years + 1 day – 12 years; or both); and
This is at the discretion of the court.
Perpetual disqualification and confiscation or forfeiture of
objects in favor of the government.
This could be imposed on the public official. In case of conviction,
they will not be qualified to occupy government office and all the
goods will be confiscated in favor of the government.