Salient Provisions of CCA-DRRMA_Short Version

8/12/2019 Salient Provisions of CCA-DRRMA_Short Version

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Salient Features ofRA 9729

(Climate Change Act of2009)

JAKE C. MESIAS

LGOO II - DILG BULAN


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What is Climate Change?

Climate Weather Pattern

Weather is Cyclical (Repeating)

An mga dating diri in-babagyo, in-babagyo na

An mga dating diri in-babaha, in-babaha na


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RA 9729

Long title: An act mainstreaming climate change intogovernment policy formulations, establishing the

framework strategy and program on climate change,creating for this purpose the Climate Change Commission(CCC), and for other purposes.

Short Title: Climate Change Act of 2009


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LGU Role on the Local Climate

Change Action Plan The LGUsshall be the frontline agencies in theformulation,

planning and implementation of climate change actionplans in their respective areas, consistent with the provisionsof the Local Government Code, the Framework, and theNational Climate Change Action Plan.

The local chief executive shall appointthe personresponsible for the formulation and implementation of thelocal action plan.

The LGU is hereby expressly authorized to appropriate and

use the amount from its Internal Revenue Allotmentnecessary to implement said local plan effectively, anyprovision in the Local Government Code to the contrarynotwithstanding.


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Salient Provisions ofRA 10121(Philippine DRRMAct of2010)


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Sec. 1 - TitleFull title: An act strengthening the Philippine Disaster Risk Reductionand Management System, providing for the National Disaster RiskReduction and Management Framework and institutionalizing theNational Disaster Risk Reduction and Management Plan, appropriating

funds therefor and for other purposes.

Short Title: Philippine Disaster Risk Reduction and Management(DRRM) Act of 2010".


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Sec. 5

The NDRRMC

ChairDNDSec.

Vice Chair for DisasterPreparednessDILG

Sec.

Vice Chair for DisasterResponseDSWD

Sec.

Vice Chair for DisasterPrevention and

MitigationDOST

Sec.

Vice Chair for DisasterRehabilitation and

RecoveryNEDADir.Gen.

Members


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. -the Local Government

Level

MUNICIPAL

DISASTER

COORDINATING

COUNCILS

MUNICIPAL

DISASTER RISK

REDUCTIONANDMANAGEMENT

COUNCILS

BARANGAY

DISASTER

COORDINATING

COUNCILS

BARANGAY

DEVELOPMENT

COUNCILS as

BDRRMCs


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Composition of the

LDRRMC

LocalC

hiefExecutive

(Mayor)

Local Planning andDevelopment Officer

Head, DRRMO

Head, Social Welfareand Development Office

Head, Local Health

Office

Head, Local AgricultureOffice


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LocalC

hiefExecutive

(Mayor)

Head, Gender andDevelopment Office

Head, Engineering Office

Head, Veterinary Office

Head, Budget Office

DepEd DivisionHead/Superintendent of

Schools

Composition cont..


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Local

ChiefExecutive(Mayor)

The highest-rankingAFP Officer

Chief , PNP

Fire Marshall, BFP

Liga ng mga BarangayPresident

Philippine NationalRed Cross

4 CSO representatives,1 private sector rep.

Composition cont..


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Functions of the LDRRMC:(1) Approve, monitorand evaluatethe implementation of the LDRRMPsand regularlyreviewand test the plan consistent with other national and local planning programs;

(2) Ensure the integrationof disaster risk reduction and climate change adaptation intolocal development plans, programs and budgets as a strategyin sustainable developmentand poverty reduction;

(3) Recommendthe implementation offorced or pre-emptive evacuationof localresidents, if necessary; and

(4) Convenethe local council once every three (3) months or as necessary.


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Sec. 12 (a) & (b) the LDRRM

Office(a) There shall be established an LDRRMOin every province, city and municipality, and aBarangay Disaster Risk Reduction and Management Committee (BDRRMC) inevery barangay which shall be responsible for setting the direction, development,implementation and coordination of disaster risk management programs within theirterritorial jurisdiction.

(b) The LDRRMOshall be underthe office of the governor, city or municipal mayor, andthe punong barangay in case of the BDRRMC.The LDRRMOs shall be initially organized

and composedof a DRRMOto be assisted by three (3) staff responsible for: (1)administration and training; (2) research and planning; and (3) operations andwarning. The LDRRMOs and the BDRRMCs shall organize, train and directly supervisethe local emergency response teams and theACDVs (Accredited Community

Disaster Volunteers).


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Sec. 12 (c) Functions of the

LDRRMO (or the BDRRMC)(1) Design, program, and coordinate disaster risk reduction and managementactivitiesconsistent with the National Council's standards and guidelines;

(2) Facilitate and support risk assessments and contingency planning activitiesat thelocal level;

(3) Consolidate local disaster risk information which includes natural hazards,vulnerabilities, and climate change risks, and maintain a local risk map;

(4) Organize and conduct training, orientation, and knowledge managementactivities on disaster risk reduction and management at the local level;

(5) Operate a multi-hazard early warning system, linked to disaster risk reductionto provide accurate and timely advice to national or local emergency response

organizations and to the general public, through diverse mass media, particularlyradio, landline communications, and technologies for communicationwithin ruralcommunities;


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. the LDRRMO (or the

BDRRMC)(6) Formulate and implement a comprehensive and - integrated LDRRMP inaccordance with the national, regional and provincial framework, and policies on disasterrisk reduction in close coordination with the local development councils (LDCs);

(7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the

annual LDRRMO Plan and budget, the proposed programmingof the LDRRMF, otherdedicated disaster risk reduction and management resources, and other regular fundingsource/s and budgetary support of the LDRRMO/BDRRMC;

(8) Conduct continuous disaster monitoringand mobilizeinstrumentalities and entitiesof the LGUs, CSOs, private groups and organized volunteers, to utilize their facilities andresources for the protection and preservation of life and properties during emergencies inaccordance with existing policies and procedures;

(9) Identify, assess and manage the hazards. vulnerabilities and risks that may occurin their locality;

(10) Disseminate information and raise public awareness about those hazards.vulnerabilities and risks, their nature, effects, early warning signs and countermeasures;


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BDRRMC)(11) Identify and implement cost-effective risk reduction measures/strategies;(12) Maintain a databaseof human resource, equipment, directories, and location ofcritical infrastructures and their capacities such as hospitals and evacuation centers;

(13) Develop, strengthen and operationalize mechanisms for partnership ornetworking with the private sector, CSOs, and volunteer groups;

(14) Take all necessary steps on a continuing basis to maintain, provide, or arrange theprovision of, or to otherwise make available, suitably-trained and competentpersonnel for effective civil defense and disaster risk reduction and management in itsarea;

(15) Organize, train, equip and supervise the local emergency response teams and theACDVs, ensuring that humanitarian aid workers are equipped with basic skills to assistmothers to breastfeed;


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BDRRMC)(16) Respondto and managethe adverse effectsof emergencies and carry outrecovery activities in the affected area, ensuring that there is an efficient mechanismfor immediate delivery of food, shelter and medical supplies for women and children,endeavor to create a special place where internally-displaced mothers can find help withbreastfeeding, feed and care for their babies and give support to each other;

(17) Within its area, promote and raise public awareness of and compliance with thisAct and legislative provisions relevant to the purpose of this Act;

(18) Serve as the secretariatand executive arm of the LDRRMC;

(19) Coordinate other disaster risk reduction and management activities;

(20) Establish linkage/network with other LGUs for disaster risk reduction andemergency response purposes;


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BDRRMC)(21) Recommend though the LDRRMC the enactment of local ordinancesconsistent with the requirements of this Act;

(22) Implement policies, approved plans and programsof the LDRRMCconsistentwith the policies and guidelines laid down in this Act;

(23) Establisha City/Municipal/Barangay Disaster Risk Reduction and ManagementOperations Center;

(24) Prepare and submit, through the LDRRMC and the LDC, the report on theutilization of the LDRRMF and other dedicated disaster risk reduction andmanagement resources to the local Commission on Audit (COA), copy furnished theregional director of the OCDand the Local Government Operations Officer of the DILG;

and

(25) Act on other matters that may be authorized by the LDRRMC.


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Sec. 12 (d) -the BDRRMC(d) The BDRRMCshall be a regular committee of the existing BDC and shall besubject thereto. The Punong barangay shall facilitate and ensure theparticipation of at least two (2) CSO representatives from existing and activecommunity-based people's organizations representing the most vulnerable andmarginalizedgroups in the barangay.


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Sec. 13 Accreditation, Mobilization, andProtection of Disaster Volunteersand NationalService Reserve Corps, CSOsand the Private

Sector. The government agencies, CSOs, private sector and LGUs may

mobilize individuals or organized volunteers to augmenttheirrespective personnel complementand logistical requirements inthe delivery of disaster risk reduction programs and activities. The

agencies, CSOs, private sector, and LGUsconcerned shall take fullresponsibility for the enhancement, welfare and protection ofvolunteers, and shall submit the list of volunteers to the OCD,through the LDRRMOs, for accreditation and inclusionin the

databaseof community disaster volunteers.


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Mobilizationof volunteers shall be in accordance with the guidelinesto be formulated by the NDRRMC consistent with the provisions of this

Act. Any volunteer who incurs death or injury while engaged in anyof the activities defined under this Act shall be entitled to

compensatory benefitsand individual personnel accidentinsuranceas may be defined under the guidelines.

Sec. 13 Accreditation, Mobilization, andProtection of Disaster Volunteersand NationalService Reserve Corps, CSOsand the Private

Sector.


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SEC. 14. Integrationof Disaster Risk ReductionEducation into the School Curricula and SangguniangKabataan (SK) Program and Mandatory Training for the

Public Sector Employees. xxx..relevant agencies, shall integratedisaster risk reduction and

management education in the school curricula of secondary andtertiary level of education, including the National Service TrainingProgram (NSTP), whether private or public, including formal andnonformal, technical vocational, indigenous learning, and out-of-school youth courses and programs.

The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, theBDRRMCs and the SK councils shall encourage community,specifically the youth, participation in disaster risk reduction andmanagement activities,

The publicsectoremployees shall be trained in emergencyresponse and preparedness. The training is mandatoryfor suchemployees to comply with the provisions of this Act.


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SEC. 15. CoordinationDuring

Emergencies.Who shall take the lead?

(a) The BDC, if a barangayis affected;

(b) The city/municipal DRRMCs, If two (2) or more barangays are affected;

(c) The provincial DRRMC, if two (2) or more cities/ municipalities are

affected; (d) The regional DRRMC, if two (2) or more provinces are affected; and

(e) The NDRRMC, if two (2) or more regions are affected.

The NDRRMCand intermediary LDRRMCs shall always act as support

to LGUswhich have the primary responsibility as first disaster responders.Private sector and civil society groupsshall work in accordance with thecoordination mechanism and policies set by the NDRRMC and concernedLDRRMCs.

SEC 16


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SEC. 16.Declaration ofState of

Calamity.The declarationand liftingof the state of calamity may also beissued by the local sanggunian, upon the recommendation of theLDRRMC, based on the results of the damage assessment and needsanalysis.


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Sec. 17 Remedial

MeasuresWhen in a state of calamity: (a) Imposition of price ceiling on basic necessities and prime

commodities by the President upon the recommendation of theimplementing agency as provided for under Republic Act No. 7581,otherwise known as the "Price Act", or the National Price CoordinatingCouncil;

(b) Monitoring, prevention and control by the Local PriceCoordination Council of overpricing/profiteering and hoarding ofprime commodities, medicines and petroleum products;

(c) Programming/reprogramming of funds for the repair and safety

upgrading of public infrastructures and facilities; and (d) Granting of no-interest loans by government financing or lending

institutions to the most affected section of the population through theircooperativesor people's organizations.


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Sec. 19

Prohibited Acts(f) Forcibly seizing relief goods, equipment or other aid commoditiesintended for or consigned to a specific group of victims or relief agency;

(g) Diverting or mis-delivery of relief goods, equipment or other aidcommodities to persons other than the rightful recipient or consignee;

(h) Accepting, possessing, using or disposing relief goods, equipmentor other aid commodities not intended for nor consigned to him/her;

(i) Misrepresenting the source of relief goods, equipment or other aidcommodities by:


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Sec. 19

Prohibited Acts(i) Misrepresenting the source of relief goods, equipment or other aidcommodities by:

(1) Either covering, replacing or defacing the labelsof the containers tomake it appearthat the goods, equipment or other aid commodities camefrom another agency or persons;

(2) Repackingthe goods, equipment or other aid commodities intocontainers with different markings to make it appear that the goods camefrom another agency or personsor was released upon the instance of aparticular agency or persons;

(3) Making false verbal claim that the goods, equipment or other aid

commodity in its un-tampered original containers actually came fromanother agency or persons or was released upon the instance of aparticular agency or persons;


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Sec. 19

Prohibited Actsj) Substituting or replacing relief goods, equipment or other aidcommodities with the same items or inferior/cheaperquality;

(k) Illegal solicitations by persons or organizations representing othersas defined in the standards and guidelines set by the NDRRMC;

(l) Deliberate use of false at inflated data in support of the request forfunding, relief goods, equipment or other aid commodities foremergency assistance or livelihood projects; and

(m) Tamperingwith or stealinghazard monitoring and disaster

preparedness equipmentand paraphernalia.


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Sec. 20

Penal ClauseViolation of Sec. 19, upon prosecution and conviction: Fine of not less than P50,000; or any amount not exceeding P500,000; or

imprisonmentof not less than six (6) years and one (1) dayor more thantwelve (12)years, or both, at the discretion of the court, including perpetualdisqualification from public officeif the offender is a public officer, and

confiscation or forfeiture in favor of the government of the objects and theinstrumentalities used in committing any of herein prohibited acts.

If the offender is a corporation, partnership or association, or other juridicalentity, the penalty shall be imposed upon the officer or officers of thecorporation, partnership, association or entity responsible for the violationwithout prejudice to the cancelation or revocation of these entities' license

or accreditationissued to them by any licensing or accredited body of thegovernment. If such offender is an alien, he or she shall, in addition to thepenaltiesprescribed in this Act, be deported without further proceedingsafter service of the sentence.


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Sec. 20

Penal Clause However, the prosecution for offenses set forth in Section 19 of thisAct shall be without prejudice to any liability for violation of RepublicAct No. 3185, as amended, otherwise known as the Revised PenalCode, and other civil liabilities.


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SEC. 21. Local Disaster Risk Reduction

and Management Fund (LDRRMF). Not less than five percent (5%) of the estimated revenue from

regular sources

pre-disaster preparedness

programs including training, purchasing life-saving rescue equipment, supplies

and medicines, for post-disaster activities, payment of premiums on calamity insurance

The LDRRMCshall monitor and evaluate the use and disbursementof the LDRRMFbased on the LDRRMPas incorporated in the localdevelopment plans and annual work and financial plan.

Upon the recommendation of the LDRRMOand approval of thesanggunian concerned, the LDRRMC may transferthe said fundtosupport disaster risk reduction work of other LDRRMCs which aredeclared under state of calamity.


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Of the amount appropriated for LDRRMF, thirty percent (30%) shall beallocated as Quick Response Fund (QRF)or stand-by fund for relief andrecovery programs in order that situation and living conditions of people Incommunities or areas stricken by disasters, calamities, epidemics, or complexemergencies, may be normalized as quickly as possible.

Unexpended LDRRMF shall accrue to a special trustfund solely for thepurpose of supporting disaster risk reduction and management activities ofthe LDRRMCs within the next five (5) years. Any such amount still not fullyutilized after five (5) years shall revert back to the general fund and will beavailable for other social services to be identified by the local sanggunian.

SEC. 21. Local Disaster Risk Reduction

and Management Fund (LDRRMF).


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Other Related Issuances /

MCs


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NDRRMC-DBM-DILG JMC no. 1 s.2013- Allocation and Utilization of

LDRRMF Recently-approved NDRRMP (2011-2028) will be the basis forformulation of the LDRRMPs

The LDRRMP shall be the basis for allocation of LDRRMF

LDRRMF is not less than 5% of the estimated revenue from regular

sources 30% lump-sum allocation for Quick Response Fund (QRF)

70% - disaster prevention and mitigation, preparedness,rehabilitation, recovery


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NDRRMC-DBM-DILG JMC no. 1 s.2013 - Allocation and Utilization of

LDRRMFDisaster Prevention and Mitigation: Preventionpreventing from happening

Mitigationminimizing the effects of what cannot be prevented

Projects and Activities: Risk Assessment, vulnerability analysis, other science-based technology andmethodologies to enhance information database and for critical facilities andinfrastructure

Implement CBMS with DRRM/CCA indicators

Capability Building / Development of Tools

Activities to review and integrate DRRM/CCA into Policies, PPAs Construction of Dams/embankments that will mitigate flood risks

Others that of similar nature


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LDRRMFDisaster Response: Provision of alternative livelihood relief/assistance

Tents/temporary shelters

Food subsistence/relief goods

Others with similar nature..


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Disaster Rehabilitation and Recovery:

Rehabilitationability to restore their normal level of functioning byrebuilding damaged infrastructure

Recoveryrestoration/improvement of living conditions/livelihood,including reduction of disaster risk factors, build back better

Projects/Activities:

Formulation of designs for the reconstruction of disaster-resilient houses

Construction/Rehab of damaged infra facilities/evac centers

Trainings for social preparations of host and evacuee communities

Implementation of building code and promotion of green technology

Conduct of Post-Conflict Analyses

Others with similar nature


LDRRMF

C G C


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Procurement/Acquisition of Disaster Equipment for Response andRescue:

The 70% portion can be used for the procurement/acquisition of equipment

Equipment purchased or received from donations and used solely for

disaster response and rescue activities (DRRAs) are called DRREs(DisasterResponse and Rescue Equipment) ex: Inflatable boats, Megaphones, Sirens,Portable Generator Sets..

Heavy EquipmentConstruction and Heavy Equipment (CHEs) Ex. DumpTrucks, Forklift, Backhoe, Grader..

Expendable items: Supplies and Inventories Ex. fire extinguishers, flood

light, chainsaw, ax, ropes, ladder, breathing apparatus, flashlights..

NDRRMC-DBM-DILG JMC no. 1 s.2013- Allocation and Utilization of

LDRRMF


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NDRRMC DBM DILG JMC 1


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Reporting:

Monthly and annual report on the utilization of LDRRMF

Approved/revised AIP indicating the DRRM projects/activities

Submitted to the RDRRMCthru the Regional Office of the Civil Defense, copyfurnished the Regional Offices of the DILGand DBM

NDRRMC-DBM-DILG JMC no. 1 s.2013 - Allocation and Utilization ofLDRRMF

NDRRMC DILG DBM CSC JMC 2014 1


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NDRRMC-DILG-DBM-CSCJMC2014-1Implementing Guidelines for theEstablishmentsof LDRRMOs or BDRRMCs inLGUs

Sec. 4.0Guidelines

Pursuant to RA 10121, the BDRRMC a mandatory committee. Itscreationshall be prioritized.

Other MOOE or CO requirements of the BDRRMC in the

implementation of the BDRRM programs shall be charged to theLDRRMFsubject to the provisions of NDRRMC-DILG-DBM JMC 2013-1 re: Use of LDRRM Fund

The BDRRMCshall be a regular committeeof the existing BDC. ThePunong Barangay shall facilitate and ensurethe participationof atleast two (2) CSO representativesfrom existingand active

community-based peoples organization representing the mostvulnerable and marginalizedgroups in the barangays.

NDRRMC DILG DBM CSC JMC 2014 1


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NDRRMC-DILG-DBM-CSCJMC2014-1Implementing Guidelines for theEstablishmentsof LDRRMOs or BDRRMCs inLGUs

BDRRMCResponsible for:

1.) Administration and Training

2.) Research and Planning

3.) Operations and Warning

Detailed Functions and Responsibilities can be referred from the JMCitself.


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Battlecry:

BICOLANO PREPARADO!

Documents

Salient Provisions of CCA-DRRMA_Short Version