Session II. LEGAL BASIS FOR THE IMPLEMENTATION OF RPs DISASTER MANAGEMENT SYSTEM
A. Presidential Decree 1566
1. This Decree, which was promulgated in 1978, calls
for the STRENGTHENING OF THE PHILIPPINE DISASTER CONTROL CAPABILITY AND
ESTABLISHING THE NATIONAL PROGRAM ON COMMUNITY DISASTER PREPAREDNESS.
2. Salient Provisions
· State
policy on self-reliance among local officials and their constituents in
responding to disasters.
· Organization of the National,
Regional and Local Disaster Coordinating Councils (DCC).
· Preparation of a National
Calamities and Disaster Preparedness Plan by the Office of Civil Defense and
implementing plans by the NDCC member-agencies and local DCCs.
· Conduct of periodic drills and
exercises by concerned agencies and local DCCs.
· Authority for local government
units to program funds for disaster preparedness activities such as the
organization of DCCs, establishment of Disaster Operations Center and training
and equipping of DCC response teams. This is in addition to the 5% under Sec.
324 (d) of the Local Government Code of 1991.
3. Rules & Regulations Implementing PD
1566
a. Pre-emergency phase
Activities to be undertaken under this phase include planning
for disasters, organizing, training, drills, public information drive,
stockpiling and communications and warning activities.
b. During Emergency phase
Mobilization of all emergency services shall be
coordinated/orchestrated by the local Disaster Coordinating Council in the
affected locality.
c. Post Emergency phase
· Cross-checking of data. All information
gathered during an emergency shall be cross-checked with pre-emergency data
obtained by local disaster coordinating councils to facilitate the location and
whereabouts of the persons and to assess available community resources for
rehabilitation purposes.
· Rehabilitation
Requirements. The Local Disaster Coordinating Councils, within their
respective levels, shall determine the nature and extent of the rehabilitation
efforts to be undertaken and shall request for assistance from appropriate
government agencies, private offices/agencies or individuals, if the situation
goes beyond their capacity.
· Emergency Labor Supply.
The DOLE shall coordinate with appropriate agencies, the hiring of labor from
the affected population as may be needed for the restoration, repair and
construction of public buildings, roads, bridges, dams, harbors, airports and
such other public infrastructure damaged by disaster or
calamities.
B. Other Disaster-related Laws
1. Republic Act 1190
Known as the CIVIL DEFENSE ACT OF 1954, this law created the
National Civil Defense Administration (NDCA), the primary functions of which are
to prepare and issue civil defense instructions and to furnish guidance to
provinces, chartered cities in the organization, training and operation of civil
defense units in the local governments during peacetime situations. As provided
for in the law, NCDA will render eleven types of civil defense services through
its unit in all chartered cities and provinces, namely; Warden, Police, Fire,
Health, Rescue, Engineering, Emergency Welfare, Transportation, Communication,
Evacuation, Fallout Warning, and Auxiliary Service.
· Basic Principles/Policies
enumerated under RA 1190:
a. Civil Defense is civil
preparedness.
b. Pre-emergency preparedness is necessary.
c. Organization
of civil defense units at all governments levels.
d. Assignment of agency
representatives at the CEOF.
e. Priority utilization of resources prescribed
by national government.
f. Coordination among civil organization and civil
defense organization and military units.
2. Rule 1040
The OCCUPATIONAL SAFETY AND HEALTH STANDARD (as amended/issued
by the Secretary of Labor) provides for the organization of disaster control
group/health safety committee in every place of employment and the conduct of
periodic drills and exercises.
The administration and enforcement of this rule is reposed upon
the Department of Labor and Employment. It requires the employer
to:
a. Furnish his workers a place of
employment free from hazardous conditions;
b. Give complete job safety
instructions to all his workers;
c. Comply with the requirements of this
standard; and
d. Use only approved devices and equipment in his
workplace.
3. Presidential Decree 1185 (FIRE CODE OF THE
PHILIPPINES)
Administrators or occupants of buildings, structures and other
premises or facilities and other responsible persons are required to comply with
the following:
a. Inspection requirement by the Bureau
of Fire Protection as a prerequisite to the grant of permits and/or licenses by
LGUs or other government agencies concerned.
b. Provisions for safety measures for hazardous materials as
well as for hazardous operations/processes, and
c. Provision on fire walls, fire exit plan,
etc.
4. Republic Act 7160
The LOCAL GOVERNMENT CODE OF 1991 mandates local governments
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5. Latest NDCC Memo
Circulars