Difference between Japan and PH Law in terms of Evacuation and Volcanic Eruption

Summary:

A disaster-prone country, Japan’s disaster management system is anchored on its Disaster

Countermeasures Basic Act, which serves as the national disaster management law of Japan and
provides for the disaster management planning system, disaster prevention and preparedness, disaster
emergency response and disaster recovery and rehabilitation, among others. It is supported by various
laws pertaining to specific natural disasters, among which is the Act on Special Measures Against Active
Volcanoes (Act No. 61 of 1948).

On the other hand, the Philippines has Rep. Act No. 10121 otherwise known as the Philippine Disaster
Risk Reduction and Management Act of 2010, which serves as the country’s legal framework on disaster
risk reduction and management. Foremost among its provisions is the creation of the National Disaster
Risk Reduction and Management Plan to be implemented by the NDRRMC. It likewise provides for the
creation of a disaster risk reduction and management office in each local government unit (LGU) which is
tasked to formulate its own plan that must be in line with the NDRRMP, among others.

There is no law yet pertaining to disaster prevention measures for volcanic eruptions. There is also no
existing protocol specific for such natural disasters. However, as reported, the LGU of Albay has
produced its own manual containing standard operating procedures prior to and in the event of a
volcanic eruption (as discussed below) using their lessons and experiences after Mt. Mayon erupted in
2018.

I. JAPAN - Salient Points of the Act on Special Measures Against Active Volcanoes (Act No. 61 of 1948), as
amended

A. Policy

- The Japanese government is obligated to establish a basic national policy on promotion of

comprehensive measures dealing with active volcanos. (Id. arts. 1 & 2.)
 Art. 1, in part, states: “The Prime Minister shall take measures for active volcanoes
for preventing damage caused by volcanic eruptions or other volcanic phenomena,
etc. in areas deemed to be or likely to be significantly damaged by volcanic eruption
or other volcanic phenomena. Or the measures to mitigate the same. The same shall
apply hereinafter.” (to be incorporated in the “Basic Guidelines”)
- In formulating the guidelines, the Prime Minister must consult with the heads of the relevant
administrative organizations and the Central Disaster Prevention Council.
The Basic Guidelines shall contain:
 Basic matters related to the promotion of active volcano measures
 Designation of a volcanic disaster alert area, emergency evacuation facility
development area and designation of ash fall prevention.
 Disaster prevention plans for farming, forestry and fishery
- The Prime Minister may also designate areas where volcanic eruptions may pose a danger and
where there is a need for a monitoring and systematic evacuation system in the volcanic
disaster monitoring zone.
- The law also provides on how the management of the disaster risk is financed, such as subsidies
for the costs of the businesses implemented based on the plan of the construction of facilities of

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 disaster-preventive farming and long-term and low-interest financing for the businesses
implemented by third parties for volcanic ash removal at hospitals and other medical facilities.

B. Volcanic Eruption Information Dissemination

- The Volcanic Alert Level System of the Japan Meteorological Agency (JMA) is divided into five
levels described in simple terms (Level 1 – Normal; Level 2 – Do not approach the crater; Level 3
– Do not approach the volcano; Level 4 – Prepare to evacuate; Level 5 – Evacuate) with the
corresponding explanation and action needed to be taken by inhabitants and climbers.
- The head of JMA must notify prefectural governors of volcanic activity that may amount to
eruptions that threaten residents in their areas. The governors must notify relevant
organizations and municipal governments of the information and request that they make
preparations. Heads of such notified municipal governments must convey the information to
relevant organizations, residents, and climbers near the volcano.

C. Volcanic Disaster Alert Area

 Following the designation of a prefecture or municipality as a volcanic disaster alert
area, the prefectural or municipal government shall establish a security evacuation
system in accordance with the situation of the expected volcanic phenomena.
 A Volcano Disaster Prevention Council shall likewise be established which shall
serve as the wide-area coordinating framework consisting of various volcano
related government agencies for forty-seven volcanoes (as selected by Japan’s
Coordinating Committee for Prediction of Volcanic Eruptions).
 The Council in particular shall be composed of the local government heads
(prefectural governor and head of municipalities), the Chief of their local
meteorological observatory, which has jurisdiction over the alert area, the chief
of the Ground Self-Defense Force, the General Inspector General or Chief of
Prefectural Police Headquarters of the relevant prefecture, the fire chief of the
municipality concerned, persons with knowledge and experience of volcanic
phenomena and tourism related organizations.
 Among their functions is to formulate hazard maps showing the extent of
expected damage based on multiple scenario of eruptions and to devise
evacuation plans for both residents and tourists. They are likewise tasked to
discuss monitoring and evacuation systems on an ongoing basis.
 Volcano Disaster Prevention Council vis-à-vis the Prefectural and Municipal Disaster
Management Councils. Prefectural and municipal disaster management councils are
required to include in their prefectural and municipal disaster management plans
the following, upon consultation with the Volcano Disaster Prevention Council:
 Matters concerning the collection and transmission of information on the
occurrence and transition of volcanic phenomena, and the issuance and
transmission of forecasts or warnings
 Matters concerning coordination regarding evacuation and rescue, including
evacuation drills and the facilities to be used for evacuation

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  Heads of municipal governments must take measures to keep the public within the
monitoring zone informed about volcanic activity and emergency evacuation routes.
(Id. art. 7.)
D. Evacuation
- Disaster management plans shall include the name of the owner/manager and location of the
evacuation promotion facilities (facilities to be used in the event of an evacuation).
- Owners or those who manage said facilities are required alone or jointly to ensure the smooth
and prompt evacuation of persons using the evacuation promotion facility in the event of an
evacuation drill or other volcanic phenomena by preparing an evacuation plan and reporting it
to the mayor who shall announce it.
II. PHILIPPINES

Republic Act 10121 otherwise known as the Philippine Disaster Risk Reduction and Management Act of
2010 has served as the country’s guide in disaster preparedness.

A. Policy
- Among its policies was to “develop, promote, and implement a comprehensive National Disaster
Risk Reduction and Management Plan (NDRRMP) that aims to strengthen the capacity of the
national government and the local government units (LGUs), together with partner
stakeholders, to build the disaster resilience of communities, and' to institutionalize
arrangements and measures for reducing disaster risks, including projected climate risks, and
enhancing disaster preparedness and response capabilities at all levels.”
 The current plan in effect is NDRRMP 2011 – 2028.
- The law created the NDRRMC which was tasked to formulate a comprehensive, all-hazard,
multi-sectoral, inter-agency, and community-based approach to disaster risk management by
way of a National Disaster Risk Reduction and Management Framework (NDRRRMF).
- Also established the Office of Civil Defense with its primary mission of administering a
comprehensive national civil defense and disaster risk reduction and management program.
 Among its powers and functions was to formulate and implement the NDRRMP
and ensure that the physical framework, social, economic and environmental
plans of communities, cities, municipalities and provinces are consistent with
such plan. The National Council shall approve the NDRRMP.
- There shall be a disaster risk reduction and management organization for each government level
and LGUs, ranging from Regional Disaster Risk Reduction and Management Council, the Local
Disaster Risk Reduction and Management Office (LDRRMO) for each province, city and
municipality and the Barangay Disaster Risk Reduction and Management Committee (BDRRMC).
 It is tasked, among others, to consolidate local disaster risk information which
includes natural hazards, vulnerabilities, and climate change risks, and maintain
a local risk map and formulate and implement a comprehensive and - integrated
LDRRM plan.
B. NDRRMP
In summary, it has 4 priority areas with 4 long term goals; 14 objectives; 24 outcomes; 56
outputs; and 93 activities.
C. Albay’s Proposed Volcanic Eruption Response Protocol for LGUs - prepared by the Local
Associations of DRRMOS of Albay; Divided into 7 Response Operation Areas

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1. Warning and Advisories - must be given in advance to give lead time for residents and govts to
prepare. Markings and signages for permanent and extended danger zones must be properly
delineated, conspicuous and upgraded.
2. Communication and Coordination - Proper coordination must be observed by any actor who will
be involved in the response operation.
3. Information Management -LGUs to hire permanent personnel to be in charge of data gathering
and info management. Allocate funds to upgrade IT equipment.
4. Evacuation Management -Sub divided into security, transportation, health, water & sanitation
and welfare goods distribution
5. Disaster Managers-LGUs and Nat. Govt Agencies must hire additional manpower during long-
term disaster response operation.
6. Infrastructure
7. Local Policies and Plans