This document provides an overview of several key Philippine laws related to disaster management and risk reduction. It discusses the Philippine Disaster Risk Reduction and Management Act of 2010 (RA 10121) which established a comprehensive framework for disaster management. It also outlines the Risk Reduction and Preparedness Equipment Protection Act (RA 10344) and the Children's Emergency Relief and Protection Act (RA 10821). Finally, it summarizes several important Philippine environmental laws, including the Clean Air Act, Tobacco Regulation Act, Toxic Substances and Hazardous Waste Control Act, Ecological Solid Waste Management Act, Wildlife Conservation and Protection Act, and National Integrated Protected Areas System Act.
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1. Disaster Nursing NUPC 122
Don Mariano Marcos Memorial State University
South La Union Campus
COLLEGE OF COMMUNITY HEALTH AND ALLIED MEDICAL SCIENCES
Agoo, La Union
DISASTER NURSING
(NUPC 122)
ELENA LUISA P. PRE
DENVER M. OFICIAR
Second Semester SY 2021-2022
2. MODULE V
Lesson 1 : Disaster Management
and Risk Reduction:
Philippine Laws
3. DIRECTIONS/ MODULE ORGANIZER
INTRODUCTION
MODULE V
DISASTER NURSING
The concept of Disaster Management integrates isolated attempts on the part of
different actors, government and nongovernment, towards vulnerability reduction or disaster
mitigation, within the enveloping domain of disaster management, as phases occurring in
different time periods in disaster management continuum. This has facilitated a planned
approach to disaster management in that post- disaster recovery and pre -disaster mitigation
planning are perceived as integrated/related activities.
After studying the module, you should be able to:
Adhere to ethico-legal considerations when providing safe, quality and
professional nursing care in disaster situations.
Apply ethical reasoning and decision-making process to address situations of
ethical distress and moral dilemma.
Adhere to established norms of conduct based on the Philippine Law and other
legal, regulatory and institutional requirements and relevant to safe nursing
practice.
Protect client rights based on “Patient’s Bill of Rights and Obligations”.
Implement strategies / policies related to informed consent as it applies in
multiple contexts
There are lessons in the module. Read each lesson carefully then answer the
exercises/activities to find out how much you have benefited from it. Work on these exercises
carefully and submit your output through my email account elpimentel@dmmmmsu.edu.ph /
doficiar@dmmmsu.edu.ph . Essays will be graded using the rubrics provided in the
preliminaries of this module.
In case you encounter difficulty, we can discuss this during the virtual meeting.
Good luck and happy reading!!!
LEARNING
OUTCOMES
4. Lesson 1
A. Philippine Disaster Risk Reduction and Management Act of 2010
(R.A. No. 10121)
Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act
of 2010 (DRRM Act) is a new law which transforms the Philippines’ disaster management
system from disaster relief and response towards disaster risk reduction (DRR). It was
approved on May 27, 2010. It repealed Presidential Decree No. 1566 which was enacted
way back in 1978.
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.
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.
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.
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.'
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.
Disaster Management and
Risk Reduction:
Philippine Laws
5. 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.
B. Risk Reduction and Preparedness Equipment Protection Act (RA
10344)
It is the policy of the State to protect the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature. The State shall
continue the policy to create, develop, maintain and improve conditions under which man
and nature can thrive in productive and enjoyable harmony with each other. Towards this
end, all government agencies are mandated to institute measures to ensure the safety of
its citizens and their properties through the installation of data and information gathering
devices and the network of national and local authorities to disseminate risk reduction
warning and advice.
List of Government Risk Reduction and Preparedness Equipment and Other Vital
Facility Items. – The Department of Science and Technology (DOST) shall, in coordination
with the Philippine Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA), the Philippine Institute of Volcanology and Seismology (PHIVOLCS) and the
National Disaster Risk Reduction and Management Council (NDRRMC), provide a list of all
government risk reduction and preparedness equipment, accessories and other vital
facility items such as, but not limited to, radars, weather forecasting equipment, flood
monitoring instruments, seismographs, tsunami warning systems and automated weather
systems.
The complete list of government risk reduction and preparedness equipment,
accessories and other vital facility items shall be provided jointly by the DOST and the
NDRRMC to government agencies engaged in disaster preparedness. The list shall be
regularly updated.
For purposes of this Act, "government risk reduction and preparedness equipment,
accessories and other vital facility items, or parts thereof refer to pieces of equipment or
devices, or parts thereof that gather, store, archive or monitor meteorological and
seismological data and information which are analyzed and used to warn the public about
weather conditions, earthquake, volcanic or tsunami activities and similar natural
calamities.
C. Children’s Emergency Relief and Protection Act (RA 10821)
This Republic Act No. 10821 of the Government of the Philippines mandates the provision
of emergency relief and protection for children before, during, and after disaster and other
emergency situations. It refers to situations when children are gravely threatened or
endangered by circumstances that affect their survival and normal development.
The Act is guided by the principles of survival and development, child participation, and
consistency with the United Nations Convention on the Rights of the Child, as well as the
Children's Charter for Disaster Risk Reduction and the minimum standards for children in
humanitarian action. This Act sets the State of the Philippines responsible to establish and
implement a comprehensive strategic program of action to provide children, pregnant and
6. lactating mothers affected by disaster and other emergency situations with the utmost
support and assistance necessary for their immediate recovery and protection.
D. Philippine Environmental Laws
1. Philippine Clean Air Act (Republic Act No. 8749)
The Act provides for the creation of a national program of air pollution management
focusing primarily on pollution prevention; for the promotion of mass media
communication in order to create social awareness and active participation in air quality
planning and monitoring. A Certificate of Conformity issued by the Department of
Environment and Natural Resources to vehicle manufacturer / assembler or importer shall
certify that this new vehicle or vehicle type meets the mandatory requirements in terms
of pollution prevention as per this Act. The provisions of this Act extend to the Ozone
Depleting Substances (ODS), that significantly deplete or otherwise modify the ozone
layer, and to Persistent Organic Pollutants (POPs), organic compounds persisting in the
environment, bio-accumulating, and resisting photolytic, chemical and biological
degradation (including but not limited to dioxin, furan, Polychlorinated Biphenyls (PCBs),
organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane) and other toxic or poisonous substances potentially damaging
human and animal health and the ecosystem.
2. Tobacco Regulation Act of 2003, (Republic Act No. 9211)
Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, is an
omnibus law regulating smoking in public places, tobacco advertising, promotion and
sponsorship, and sales restrictions, among other requirements. The Inter-Agency Tobacco-
Committee issued Implementing Rules and Regulations of the Tobacco Regulation Act of
2003. The Committee’s Implementing Rules and Regulations are comprehensive and cover
a broad range of topics on tobacco control. In addition to the advertising, promotion and
sponsorship provisions in Rep. Act No. 9211 and the Implementing Rules and Regulations,
the Consumer Act of the Philippines (Rep. Act No. 7394) addresses false, deceptive, or
misleading advertising in general.
Public smoking restrictions are further regulated by two circulars: (1) Land
Transportation Franchising and Regulatory Board of the Department of Transportation and
Communications Memo, Circular No. 2009-036 (regarding smoking in public utility vehicles
and land transportation terminals) and (2) Civil Service Commission Memo, Circular No.
17, s. 2009 (regarding smoking in all areas of government premises, buildings, and
grounds). Executive Order No. 26 of 2017 imposes strict standards for designated smoking
areas (DSAs), imposes duties on persons in charge of public places, prohibits advertising
outside point of sale retail establishments, and addresses some other sales and advertising
restrictions.
The Graphic Health Warnings Law, Republic Act No. 10643 and the Implementing Rules
and Regulations of RA 10643 regulate the packaging and labeling of tobacco products.
Department of Health Administrative Order No. 2014-0037, as amended by Department of
Health Administrative Order No. 2014-0037-A, establishes the templates of the first set of
required graphic health warnings. The second set is contained in Administrative Order No.
2014-0037-B. The third set is contained in Administrative Order No. 2019-0009.
In June 2010, the Philippines’ Civil Service Commission and Department of Health
issued the first-of-its-kind Joint Memorandum Circular No. 2010-01 on the Protection of
the Bureaucracy Against Tobacco Industry Interference, which, among other measures,
7. provides specific guidelines for interactions with the tobacco industry. Several other
government departments have issued rules and further guidance implementing this
circular.
The Food and Drug Administration's (FDA) authority to regulate tobacco products has
been challenged by the Philippine Tobacco Institute and is being litigated. In March 2011,
the Department of Health, in consultation with the FDA, published new implementing
rules defining how tobacco products will be regulated.
3. Toxic Substances and the Hazardous and Nuclear Wastes Control
Act of 1990.
Republic Act 6969 of the Philippines is also known as "Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990". The act was carried out to control, supervise and
regulate activities on toxic chemicals and hazardous waste. Under this act, the
importation, manufacture, processing, handling, storage, transportation, sale,
distribution, use and disposal of all unregulated chemical substances and mixtures in the
Philippines, as well as the entry even in transit, or storage and disposal of hazardous and
nuclear wastes are regulated.
4. Ecological Solid Waste Management Act of 2000 (RA 9003)
Solid Waste Management (SWM) is considered to be one of the most serious
environmental issues in the Philippines. The annual waste generation was estimated at 10
million tons in 2010 and this is expected to rise by 40% in 2020. The Republic Act (RA)
9003, otherwise known as the Ecological Solid Waste Management Act of 2000, provides
the necessary policy framework, institutional mechanisms and mandate to the local
government unites (LGUs) to achieve 25% waste reduction through establishing an
integrated solid waste management plans based on 3Rs (reduce, reuse and recycling).
While the efforts of LGUs are still very limited with a mix of results in implementing the
national mandate, this paper presents the experiences of Cebu, a second largest city in
the Philippines with about one million people, has shown to have succeeded in reducing
its municipal waste generation by more than 30% over the last three years. The findings
suggest that the impacts of the national mandate can be achieved if the LGUs have the
high level of political commitment, development of effective local strategies in
collaborative manner, partnership building with other stakeholders, capacity
development, adequate financing and incentives, and in the close monitoring and
evaluation of performance.
5. Wildlife Resources and Conservation and Protection Act
The Act provides for the conservation, preservation and protection of wildlife species
and their habitats, in order to preserve and encourage ecological balance and biological
diversity; it provides, furthermore, for the control and supervision of wildlife capture,
hunting and trade; finally it provides for supporting and promote scientific research on the
protection of biodiversity. The provisions of this Act shall apply to all wildlife species
overall, including those living in the protected areas as per the Republic Act No. 7586,
National Integrated Protected Areas System (NIPAS) Act and also to exotic species that
could be traded, live, and/or bred in captivity or propagated in the country. The
Department of Environment and Natural Resources (DENR) shall preside over all terrestrial
plants and animals, turtles and tortoises and wetland species, including also crocodiles,
water birds and all amphibians and dugong; while the Department of Agriculture (DA) shall
provide for all aquatic habitats deemed critical, all aquatic resources including all fishes,
aquatic plants, invertebrates and all marine mammals, except dugong.
8. 6. National Integrated Protected Areas
An Act providing for the establishment and management of national integrated
protected areas system, defining its scope and coverage, and for other purposes.
The system, abbreviated NIPAS shall encompass "outstandingly remarkable areas and
biologically important public lands that are habitats of rare and endangered species of
plants and animals, biographic zones and related ecosystems, whether terrestrial,
wetland, or marine". All such areas shall be designed as "protected areas) (sect. 2).
Section 3 specifies the categories of protected areas: strict nature reserves, natural
parks, natural monuments, wildlife sanctuary, protected landscapes and seascapes,
resources reserves, natural biotic areas, and other categories established by Law. NIPAS
means the classification and administration of all such protected areas to maintain
biodiversity, ensure sustainable use of their resources, etc. (sect. 4). Section 4 defines
also "national park" and all other categories specified in section 3. All existing protected
areas specified in section 5 are declared to be initial components of NIPAS. Other
measures of establishment of the system are outlined in section 5. There shall be a
general management planning strategy to serve as guide for formulating individual plans
for each protected area (sect. 9). Section 10 deals with administration and management
of the system by the Department of Environment and Natural Resources (DENR). For each
of the protected areas a Protected Area Management Board shall be established. Activities
proposed in protected areas that are excluded from the scope of the management plan
for that area shall be subject to environmental impact assessment in accordance with
section 12. Section 13 concerns the recognition of ancestral land rights and other
customary rights in protected areas. Section 16 provides for the establishment of an
Integrated Protected Areas Fund. Section 20 prohibits various activities in protected
areas.
Note: See attached documents for a complete reading on the Laws stated in this module!
THINK!
An online activity will be uploaded in your Google Classroom