Session II. LEGAL BASIS FOR THE IMPLEMENTATION OF RP’s 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 *****

5. Latest NDCC Memo Circulars