RA 10121

Topics
• Declaration of State of Calamity
• Remedial Measures during a State of
Calamity
• Prohibited Acts of RA 10121
– Penalties
• Funding
Declaration of State of Calamity
• By the President (State of National
Calamity)

1. Two or more provinces or

chartered cities are affected
2. Recommendation from National
Disaster Council (NDC)
Declaration of State of Calamity
• By the President (Criteria use by NDC)
Whenever there is a –
1. Fire of catastrophic magnitude
2. Destructive typhoons
3. Tornadoes
4. Earthquakes
5. Tsunamis
6. Volcanic eruptions
7. Floods lasting for at least four (4) days, or
8. Drought affecting crop production
 Declaration of State of Calamity
• By the President (Criteria use by NDC)
And two or more of the following conditions are present:
1. At least twenty percent (20%) of the population are affected
and in need of emergency assistance or those dwelling units
have been destroyed.
2. A great number or at least 40% of the means of livelihood
such as bancas, fishing boats, vehicles and the like are
destroyed.
3. Major roads and bridges are destroyed and impassable for
at least a week, thus disrupting the flow of transport and
commerce
4. Widespread destruction of fishponds, crops, poultry and
livestock, and other agricultural products
5. Disruption of lifelines such as electricity, potable water
system, transport system, communications system and other
related systems which cannot be restored within one (1) week,
except for highly-urbanized areas where restoration of the
above lifelines cannot be made within twenty-four (24) hours.
Declaration of State of Calamity
• By the President (Criteria use by NDC)
For epidemics or outbreak of disease –

1. There is an occurrence of an unusual (more

than the previously expected) number of cases
of a disease in a given area or among a specific
group of people over a particular period of time.
To determine whether the number is more than
the expected, the number should be compared
with the number of cases during the past
weeks or months or a comparable period
during the last few years (at least 5years)
2. There is “clustering” of cases. A “cluster” is a
group of cases in a given area over a particular
time.
Declaration of State of Calamity
• By the President (Effects)
1. Appropriation for calamity funds
2. Price freeze for basic necessities
3. Granting of no-interest loans.

*If necessary – International

humanitarian assistance
Declaration of State of Calamity
By the President – International Assistance
Upon recommendation of the Chairman of
NDRRMC:
• As Party to the ASEAN Agreement on Disaster
Management and Emergency Response
(AADMER), the request for assistance may be
sent directly to other ASEAN Member States or
through the ASEAN Humanitarian Assistance
(AHA)
• The Department of Foreign Affairs, through the
embassies or consulates of the Philippines, may
facilitate the call for international assistance
Declaration of State of Calamity
• By the President – International Assistance
Authorized importation and donation:
Section 105 (11) of Tariff and Customs
Code. – The following articles shall be exempt
from the payment of import duties upon
compliance…with regulations… - Imported
articles donated to, or for the account of, any
duly registered relief organization, not
operated for profit, for free distribution
among the needy, upon certification by the
Department of Social Services and Development
or the Department of Education, Culture and
S p o r t s .
Declaration of State of Calamity
• By the President (Duration)
– One year
– Unless the effects of the disaster is
recurring or protracted, in which
case, declaration shall be a continuing
one.
– Once 85% of the repair and
rehabilitation works and services has
been accomplished within one-year
duration, the calamity area declaration
may be terminated or lifted.
Declaration of State of Calamity
• By the Local Government

1. Recommendation of the LDRRMC

2. Results of the damage assessment
and needs analysis.

* Local Coordinating Council (LCC)

shall conduct a survey of the affected
areas within 24 hours upon the
impact
Declaration of State of Calamity
• By the Local Government - local and foreign assistance
Local chief executives may, upon authority of the sanggunian,
negotiate and secure financial grants or donations in kind, in
support of the basic services or facilities…from local and foreign
assistance agencies

a. Without necessity of securing clearance or approval from any

department, agency, or office of the national government of from
any higher local government unit:

Provided, That projects financed by such grants or assistance

with national security implications shall be approved by the
national agency concerned:

Provided, further, That when such national agency fails to act on

the request for approval within thirty (30) days from receipt
thereof, the same shall be deemed approved.
Declaration of State of Calamity
• Coordination:
- The BDC, if a barangay is affected;
- The City/Municipal DRRMCs, if two (2)
or more barangays are affected;
- The Provincial DRRMC, if two (2) or
more cities/municipalities are affected;
- The Regional DRRMC, if two or more
provinces are affected; and
- The NDRRMC, if two or more regions
are affected.
 Remedial Measures
Mandatory
1. Imposition of price ceiling on basic
necessities and prime commodities by
the President upon the recommendation
of the implementing agency as provided
for under Republic Act No. 7581,
otherwise known as the "Price Act", or the
National Price Coordinating Council
 Remedial Measures
• Price freeze for basic necessities is
implemented for 60 days unless lifted

Basic necessities – Rice; corn; bread;

fresh, dried and canned fish and other
marine products, fresh pork, beef and
poultry meal; fresh eggs; fresh and
processed milk; fresh vegetables; root
crops; coffee; sugar; cooking oil; salt;
laundry soap; detergents; firewood;
charcoal; candles; and drugs classified as
essential by the Department of Health.
 Remedial Measures
• Price watch/ceiling control – Prime
Commodities:
Fresh fruits; flour; dried processed and
canned pork; beef and poultry meat; dairy
products not falling under basic necessities;
noodles; onions; garlic; vinegar; patis; soy sauce;
toilet soap; fertilizer; pesticides; herbicides;
poultry; swine and cattle feeds; veterinary
products for poultry, swine and cattle; paper;
school supplies; nipa shingles; sawali; cement;
clinker; GI sheets; hollow blocks; plywood;
plyboard; construction nails; batteries; electrical
supplies; light bulbs; steel wire; and all drugs not
classified as essential drugs by the Department of
Health.
 Remedial Measures
2. Monitoring, prevention and control by the Local
Price Coordination Council of
overpricing/profiteering and hoarding of prime
commodities, medicines and petroleum products;
3. Programming/reprogramming of funds for the
repair and safety upgrading of public
infrastructures and facilities; and
4. Granting of no-interest loans by government
financing or lending institutions to the most
affected section of the population through their
cooperatives or people’s organizations.
 Other Effects
1. Authorization for the importation of rice under
Section 6 of RA 8178, the Agricultural
Tariffication Act;

2. Entitlement to hazard allowance for Public

Health Workers (under Section 21 of RA 7305,
Magna Carta for Public Health Workers)

3. Entitlement to hazard allowance for science

and technological personnel of the government
under Section 7-c of RA 8439.
 Additional Notes
• On powers of the Local Government
1. The procurement of supplies may be made without the benefit of
public bidding:
-emergency purchases…need for the supplies is exceptionally
urgent

2. Local treasurer to continue making disbursements from any local

fund in his possession in excess of the fifty percent (50%).

3. Unlike before where local government units (“LGUs”) are allowed

to use their calamity funds…only after a state of calamity is
declared…
(It) now allows LGUs to use said fund for disaster risk reduction
and prevention, without need to first declare a state of calamity.

The law requires, however, that thirty percent (30%) of the calamity
fund be reserved as stand-by fund for relief and recovery programs
in cases of disasters, calamities, epidemics, or complex
emergencies.
 Additional Notes
• Inventory and Monitoring of All Relief
Goods
The National Council shall provide for
the guidelines on the inventory and
disposition and utilization and monitoring
of all relief goods, including donations,
within a reasonable period, in order to
ensure the proper disposition and use
thereof.
 Issues
• Delay of services and relief
• Improper disbursement of relief
• Politicking in disaster management
and response
 Prohibited Acts
(a) Dereliction of duties which leads to
destruction, loss of lives, critical damage of
facilities and misuse of funds;

(b) Preventing the entry and distribution of relief

goods in disaster-stricken areas, including
appropriate technology, tools, equipment,
accessories, disaster teams/experts;

(c) Buying, for consumption or resale, from

disaster relief agencies any relief goods,
equipment or other and commodities which
are intended for distribution to disaster affected
communities;
 Prohibited Acts
(d) Buying, for consumption or resale, from the
recipient disaster affected persons any relief
goods, equipment or other aid commodities
received by them;

(e) Selling of relief goods, equipment or other aid

commodities which are intended for
distribution to disaster victims;

(f) Forcibly seizing relief goods, equipment or

other aid commodities intended for or consigned
to a specific group of victims or relief agency;
 Prohibited Acts
(g) Diverting or misdelivery of relief
goods, equipment or other aid
commodities to persons other than the
rightful recipient or consignee;

(h) Accepting, possessing, using or

disposing relief goods, equipment or
other aid commodities not intended for
nor consigned to him/her;
 Prohibited Acts
(i) Misrepresenting the source of relief goods, equipment or other aid
commodities by:

(1) Either covering, replacing or defacing the labels of the containers

to make it appear that the goods, equipment or other aid commodities
came from another agency or persons;

(2) Repacking the goods, equipment or other aid commodities into

containers with different markings to make it appear that the goods
came from another agency or persons or was released upon the
instance of a particular agency or persons;

(3) Making false verbal claim that the goods, equipment or other and
commodity that its untampered original containers actually came from
another agency or persons or was released upon the instance of a
particular agency or persons;

(4) Substituting or replacing relief goods, equipment or other aid

commodities with the same items or inferior/cheaper quality;
 Prohibited Acts
(j) Illegal solicitations by persons or organizations
representing others as defined in the standards
and guidelines set by the NDRRMC;

(k) Deliberate use of false at inflated data in

support of the request for funding, relief
goods, equipment or other aid commodities for
emergency assistance or livelihood projects; and

(l) Tampering with or stealing hazard monitoring

and disaster preparedness equipment and
paraphernalia.
 Penalties
• Penalties and Fines
– Any individual, corporation, partnership, association, or
other juridical entity that commits any of the prohibited
acts…shall be prosecuted and upon conviction shall
suffer a fine of not less than Fifty thousand pesos
(Php50,000.00) or any amount not to exceed Five
hundred thousand pesos (Php500,000.00) or
imprisonment of not less than six (6) years and one
(1) day or not more than twelve (12) years, or both
– perpetual disqualification from public office if the
offender is a public officer
– confiscation or forfeiture in favor of the government of
the objects and the instrumentalities used
 Penalties
• Liabilities
- If the offender is a corporation, partnership or
association, or other juridical entity…penalty
shall be imposed upon the officer or officers
responsible
…without prejudice to the cancellation or
revocation of these entities license or
accreditation issued to them by any licensing or
accredited body of the government
- If offender is an alien, he or she shall, in
addition to the penalties prescribed in this Act,
be deported without further proceedings after
service of the sentence.
 Funding
• Law requires that not less than five percent
(5%) of the estimated revenue from regular
sources shall be set aside as the Local Disaster
Risk Reduction and Management Fund
(LDRRMF)
• Of the amount appropriated for LDRRMF, thirty
percent (30%) shall be allocated as Quick
Response Fund (QRF) or stand-by fund for
relief and recovery programs
• Unexpended LDRRMF shall accrue to a special
trust fund solely for the purpose of supporting
disaster risk reduction and management
activities of the LDRRMCs.
 Funding
• The present Calamity Fund appropriated under
the annual General Appropriations Act shall be
known as the National Disaster Risk
Reduction and Management Fund (NDRRM
Fund) and it shall be used for disaster risk
reduction or mitigation, prevention and
preparedness activities such as but not
limited to training of personnel, procurement
of equipment, and capital expenditures. It can
also be utilized for relief, recovery, reconstruction
and other work or services in connection with
natural or human-induced calamities which may
occur during the budget year or those that
occurred in the past two (2) years from the
budget year