Download Module 2: The Legal Framework of the Disaster Risk Reduction and

Module 2:
THE LEGAL FRAMEWORK OF THE
DISASTER RISK REDUCTION AND MANAGEMENT POLICY
July 2013
Knowledge and Training Resource Center on Climate Change and Disaster Risk Reduction
Cordillera Studies Center
University of the Philippines Baguio
Module 2: The Legal Framework of the
Disaster Risk Reduction and Management Policy
Prepared by:
Nimreh L. Calde
Department of Economics and Political Science
University of the Philippines Baguio
I.
BRIEF INTRODUCTION
Among the first United Nations (UN) Resolutions recognizing the need for a framework
on reduction, mitigation, prevention of and preparation for disaster risks is UN
Resolution No. 46/182 which was issued during the 78 th plenary meeting on 19
December 1991. Later on 18-22 January 2005, the World Conference on Disaster
Reduction was conducted in Kobe, Hyogo, Japan where the Hyogo Framework for Action
(HFA) was adopted. At the level of the Association of South-East Asian Nations (ASEAN),
the Foreign Ministers of the ASEAN countries signed the Agreement on Disaster
Management and Emergency Response (AADMER) at Vientiane, Lao People’s
Democratic Republic on 26 July 2005. The AADMER was enforced on 24 December
2009. At the national level, the Fourteenth Philippine Congress passed Republic Act
9729 or the Climate Change Act of 2009 and Republic Act 10121 or the Philippine
Disaster Risk Reduction and Management Act (DRRM Act) of 2010. The DRRM act
mandates the Office of the Civil Defense (OCD) to formulate a National Disaster Risk
Reduction and Management Plan (NDRRMP) subject to the approval of the National
Disaster Risk Reduction and Management Council (NDRRMC). In December 2011, the
OCD came out with the NDRRMP.
To facilitate the reader, the following policies will be discussed and the flow of the
discussion of these policies will be as follows:
1. UN Resolution Number 46/182
2. Hyogo Framework of Action
3. ASEAN Agreement on Disaster Management and Emergency Response
4. Philippine Disaster Risk Reduction and Management Act
5. Climate Change Act
6. National Disaster Risk Reduction Plan
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II.
OBJECTIVES:
At the end of this module the reader should have been:
1. Introduced with the basic principles of the Disaster Risk Reduction and Management
Act, Climate Change Act and related International Agreements in relation to local
governments.
2. Appraised with the functions and responsibilities of the local governments based on the
Philippine Disaster Risk Reduction and Management Act and the Climate Change Act.
3. Provided with the basic tools to evaluate compliance of the local governments with the
mandate of the Philippine Risk Reduction and Management Act and the Climate Change
Act.
III.
METHODOLOGY: Lecture, workshop
IV.
MATERIALS NEEDED: DLP, laptop, laser pointer, easel sheets, pens
V.
DURATION: ______ hours
VI.
CONTENT
A. UN RESOLUTION NUMBER 46/182

One of the first UN Resolutions acknowledging the necessity of creating an overarching
framework for disaster prevention and preparedness including early warning systems
of disaster is UN Resolution No. 46/182.

One of the guiding principles ingrained in the Resolution states: “Special attention
should be given to disaster prevention and preparedness by the Government concerned,
as well as by the international community.”1

The Resolution further provides: “In order to reduce the impact of disasters there
should be increased awareness of the need for establishing disaster mitigation
strategies… There should be greater exchange and dissemination of existing and new
1
UN Resolution No. 46/182, Guiding Principle No. 8
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technical information related to the assessment, prediction and mitigation of
disasters…”2

This also emphasizes the intricate relationship between development and disaster
preparedness, the UN declares “economic growth and sustainable development are
essential for prevention of and preparedness against natural disasters and other
emergencies.”3
B. HYOGO FRAMEWORK OF ACTION (HFA)

The Hyogo Framework of Action presents the priorities that the participating states to
the Hyogo Conference should develop and where focus should be given for the years
2005 to 2015 with respect to disaster prevention and preparedness.

Among the guiding principles of the Framework of Action are:
1. The primary responsibility of the state to ensure “sustainable development
and for taking effective measures to reduce disaster risks.”4
2. Establishment of an “integrated, multi-hazard approach,” and gender
sensitive framework taking into consideration “cultural diversity, age and
vulnerable groups” in considering the state policies towards disaster risk
preparedness and management.5
3. Empowerment of “communities and local authorities” in disaster risk
reduction and management.6
4. Promotion of the “culture of prevention”7

The Hyogo Framework of Action further identified the “gaps and challenges for the
coming years”8 as well as the corresponding priorities for action that the participating
states must emphasize.
2
UN Resolution No. 46/182, No.13
UN Resolution No. 46/182, Guiding Principle No. 10
4
Hyogo Framework of Action, 13 (b)
5
Hyogo Framework of Action, 13 (c) to (e)
6
Hyogo Framework of Action, 13 (f)
7
Hyogo Framework of Action, 13 (i)
8
Hyogo Framework of Action, 9 (a) to (e)
3
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Gaps and Challenges9
Governance: organizational, legal and
policy frameworks
Risk identification, assessment,
monitoring and early warning
Knowledge management and education
Reducing underlying risk factors
Preparedness for effective response and
recovery
Priorities for Action10
Ensure that disaster risk reduction is a
national and local priority with strong
institutional basis for implementation
Indentify, assess and monitor disaster
risks and enhance early warning
Use knowledge, innovation and education
to build a culture of safety and resilience at
all levels
Reduce the underlying risk factors
Strengthen disaster preparedness for
effective response at all levels
C. ASEAN AGREEMENT ON DISASTER MANAGEMENT AND EMERGENCY RESPONSE
(AADMER)

The AADMER aims11 to:
provide effective mechanisms to achieve substantial reduction of
disaster losses in lives and in the social, economic and
environmental assets of the Parties12 and to jointly respond to
disaster emergencies through concerted national efforts and
intensified regional and international cooperation. This should be
pursued in the overall context of sustainable development and in
accordance with the provisions of this Agreement.

Based on the agreement, the parties have the following general obligations13:
a. Co-operate in developing and implementing measures to reduce
disaster losses including identification of disaster risk, development
of monitoring, assessment and early warning systems, standby
arrangements for disaster relief and emergency response, exchange
of information and technology, and the provision of mutual
assistance;
b. Immediately respond to a disaster occurring within their territory.
When the said disaster is likely to cause possible impacts on other
Members States, respond promptly to a request for relevant
information sought by a Member State or States that are or may be
affected by such disasters, with a view to minimizing the
consequences;
9
Hyogo Framework of Action, 9 (a) to (e), copied verbatim
Hyogo Framework of Action, 14 (1) to (5), copied verbatim
11
AADMER, Article 2
12
When the AADMER mentions “the Parties,” this refers to the member-states of ASEAN that ratified the
AADMER
13
ADDMER, Article 4
10
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c. Promptly respond to a request for assistance from an affected
Party; and
d. Take legislative, administrative and other measures as necessary to
implement their obligations under this Agreement.
D. THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT ACT

In line with the Hyogo Framework of Action and the ASEAN Agreement on Disaster
Management and Emergency Response, where the Philippines is a party, the Fourteenth
Congress passed the Philippine Disaster Risk Reduction and Management Act of 2010
which aims among others to:
adopt a disaster risk reduction and management approach that is
holistic, comprehensive, integrated, and proactive in lessening the
socioeconomic and environmental impacts of disasters including
climate change, and promote the involvement and participation of all
sectors and all stakeholders concerned, at all levels, especially the
local community.14

The law directs various government agencies 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 disasters 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.15

The councils and offices created and/or tasked to put into operation the various
responsibilities of the government based on Philippine Disaster Risk Reduction and
Management Act are the following:
14
15
RA 10121, sec. 2 (d)
RA 10121, sec. 2 (e)
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NDRRMC
OCD
NDRRMOC
DRRMI
RDRRMC
RDRRMOC
PDRRMC
PDRRMO
CDRRMC/
MDRRMC
CDRRMO/
MDRRMO
BDC/
BDRRMC
Figure 1: Councils and Offices

Based on the Implementing Rules and Regulations (IRR)16 of the Philippine Disaster Risk
Reduction and Management Act of 2010, the different Disaster Risk Reduction and
Management Councils will be activated when:
a. Barangay Development Council (BDC) – if a barangay is affected;
b. City/Municipal
Disaster
Risk
Reduction
and
Management
Council
(C/MDRRMC) – if two or more barangays are affected;
c. Provincial Disaster Risk Reduction and Management Council (PDRRMC) – if
two or more cities or municipalities are affected;
d. Regional Disaster Risk Reduction and Management Council (RDRRMC) – if
two or more provinces are affected;
e. National Disaster Risk Reduction and Management Council (NDRRMC) – if
two or more regions are affected.
16
IRR of RA 10121, Rule 11, Sec. 1
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Figure 2: The RDRRMC
Civil Defense Officer of the OCD
Regional Director
of DSWD
Regional Director
of DILG
Regional Director
of DOST
Regional Director
of NEDA
Members
14 line departments: DOH, DENR, DA, DepEd, DOE, DOF, DTI, DOTC,
DBM, DPWH, DFA, DOJ, DOLE, and DOT
10 other government agencies: OPAPP, CHED, AFP, PNP, PRC, NAPCVDC, NCRFW, HUDCC, Climate Change Commission, and PhilHealth
2 Government Financial Institutions: GSIS and SSS
5 LGU Leagues: ULAP, LPP, LCP, LMP and LnB
4 representatives from CSOs
1 representative from the Private Sector
Source: DRRM Manual for Science and Mathematics Teachers , 2012

Functions of the RDRRMC17:
a. Except for the policy making functions of the NDRRMC, coordinate, integrate,
supervise, monitor and evaluate Regional Council Member Agencies and the
LDRRMCs.
b. Ensure disaster sensitive regional development plans.
c. In case of emergencies, convene the different regional line agencies and
concerned institutions and authorities.
17
Items a and d are mandated by sec. 3 IRR of RA 10121,explaining sec. 10 of RA 10121. Items b and c are
mandated by sec. 10 of RA 101211 as repeated by sec. 3 IRR of RA 10121.
Page 8 of 14
d. Establish and operating facility on a 24-hour basis to be known as the
Regional Disaster Risk Reduction and Management Operations Center
(RDRRMOC).
Figure 3: The LDRRMC
Chief Executive
Members
(sec. 10, RA 101211)
The respective heads of: LDRRMO, Local Social welfare and
Development Office, Local Health Office, Local Agriculture Office,
Gender and Development Office, Local Engineering Office, Local
Veterinary Office, and Local Budget Office.
Local Planning and Development Officer, Division
Head/Superintendent/District Supervisor of the DepEd, highest
ranking officer of the AFP, Provincial/City Director/Component
City/Municipal Chief of the PNP, Provincial Director/City or
Municipal Fire Marshall of the BFP, President of the Liga ng mga
Barangay.
Philippine Red Cross, 4 accredited CSOs and 1 private sector
representative.


At the Barangay Level, the BDRRMC will be a committee of
the BDC. The BDRRMC shall have at least two (2) CSO
representatives (sec. 12 [d], RA 101211.
Functions of the LDRRMCs18:
a. Approve, monitor and evaluate the implementation of the LDRRMPs and
regularly review and test the plan consistent with other national and local
planning programs;
b. Ensure the integration of disaster risk reduction and climate change
adaptation into local development plans, programs and budgets as a strategy
in sustainable development and poverty reduction;
18
Sec. 11 (B), Nos. 1-4, RA 10121
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c. Recommend the implementation of forced or preemptive evacuation of local
residents, if necessary; and
d. Convene the local council once every three (3) months or as necessary.

To ensure the implementation of RA 10121 at the local level, the law created the Local
Disaster Risk Reduction and Management Office19:
Figure 4: The LDRRMO 20
Local Chief Executive
Local Disaster Risk Reduction and
Management Officer (LDRRMO)
Staff for Administration
and Training

Staff for Research and
Planning
Staff for Operations and
Warning
The DRRMO must have the following qualifications21:
a. Civil Service eligible
b. Civil Defense/DRM experience

For the purpose of implementing RA10121 at the local level, the Local Calamity Fund
will be called the Local Disaster Risk Reduction and Management Fund (LDRRMF).

Not less than 5% of the estimated revenue from regular sources shall be set aside as the
LDRRMF. 30% of which should be allocated as Quick Response Fund.22
19
Sec. 12, RA 10121
Sec. 12, RA 10121
21
Sec.3, IRR of RA 10121
22
Sec. 21, RA 10121
20
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E. THE CLIMATE CHANGE ACT OF 2009

It bears stressing that climate change and disasters are closely intertwined. This
prompted the passage of the Climate Change Act in the year 2009 and right thereafter
the Philippine Disaster Risk Reduction and Management Act was made into law in 2010.

The Climate Change Act recognizes the indispensable part that the Local Government
Units play in responding to climate change.
The LGUs shall be the frontline agencies in the formulation, planning and
implementation of climate change action plans in their respective areas,
consistent with the provisions of the Local Government Code, the
Framework, and the National Climate Change Action Plan. Barangays shall
be directly involved with municipal and city governments in prioritizing
climate change issues and in identifying and implementing best practices
and other solutions. Municipal and City governments shall consider climate
change adaptation, as one of their regular functions. Provincial
governments shall provide technical assistance, enforcement and
information management in support of municipal and city climate change
action plans. Inter-local government unit collaboration shall be maximized
in the conduct of climate-related activities23.

The Local Chief Executives (LCEs) shall appoint the person responsible for the
formulation and implementation of the local action plan.24

To fund the activities of the Local Government Units related to climate change, the law
provides that “the LGU is hereby expressly authorized to appropriate and use the amount
from its Internal Revenue Allotment necessary to implement said local plan effectively…” 25
The law further states: “all relevant government agencies and LGUs shall allocate from
their annual appropriations adequate funds for the formulation, development and
implementation.”26
F. THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT PLAN (NDRRMP)

In compliance with the directive of the Philippine Disaster Risk Reduction and
Management Act of 2010, the Civil Defense Office (OCD) prepared the NDRRMP in
December 2011 which drew up the activities that the various government agencies and
23
Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729
Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729
25
Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729
26
Sec. 18, RA 9729; Sec. 2, Rule X, IRR of 9729
24
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other stakeholders should carry out to achieve the aims of the Philippine Disaster Risk
Reduction and Management Act of 2010 and at the same time respond to the mandate of
the Climate Change Act of 2009. The NDRRMP provides the activities as well as the
outputs and outcomes that are supposed to be performed and achieved for the years
covering 2011 to 2028.

The NDRRMP, is geared, among others, in:
Strengthening 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. It highlights, among others, the
importance of mainstream DRRM and CCA in the development
processes such as policy formulation, socioeconomic development
planning, budgeting and governance particularly in the area of
environment, agriculture, water, energy, health, education, poverty
reduction, land-use and urban planning and public infrastructure and
housing among others.

In line with the objectives as well as the activities that the NDRRMP has outlined, it is
important to determine the degree of assistance the national government has provided
to the local government as well as to ascertain how far the local governments have
responded to the demands of the Philippine Disaster Risk Reduction and Management
Act of 2010, Climate Change Act of 2009 and the NDRRMP. The activities below are
directed towards this end.
G. ACTIVITIES
1. Fill in the columns with the necessary information:
Name of
LGU
With
DRRM
Plan?
Page 12 of 14
How much
DRRM
budget for
this year?
(Approx.)
With
DRRMO?
DRRMO,
with
plantilla
position
DRRMC,
with CSO
rep?
Does SDP
help in
DRRM?
How?
Major
challenge in
implementing
PRRMA
Abbreviations:
a. LGU – Local Government Unit
b. DRRM – Disaster Risk Reduction Management
c. DRRMO – Disaster Risk Reduction Management Office
d. DRRMC- Disaster Risk Reduction Management Council
e. CSO – Civil Society Organization
f.
SDP – Seal of Disaster Preparedness
g. PRRMA – Philippine Risk Reduction Management Act
2. ACTIVITY 2: Answer the following questions:

Do you think your LGU needs a DRRM Plan? Why?

Do you think your LGU needs DRRMO? Why?
VII. SUGGESTED READINGS

Disaster Risk Reduction and Management Manual for Science and Mathematics
Teachers. Program Development Unit, Science Innovation Division, Science Education
Institute. Reprinted December 2012.

The National Disaster Risk Reduction and Management Plan (NDRRMP), 2011 to
2028. Office of the Civil Defense. December 2011
VIII. REFERENCES
Administrative Order No. 2010-01. Implementing Rules and Regulations (IRR) of Republic
Act 9729. 20 January 2010.
ASEAN Agreement on Disaster Management and Emergency Response (AADMER).
Enacted: 26 July 2005. Enforced: 24 December 2009.
Disaster Risk Reduction and Management Manual for Science and Mathematics Teachers.
Program Development Unit, Science Education Innovations Division: Reprinted,
December 2012.
Hyogo Framework for Action 2005-2015: Building Resilience of Nations and
Communities to Disaster. 18-22 January 2005.
Implementing Rules and Regulations of Republic Act 101211. 27 September 2010.
Republic Act No. 9729, The Climate Change Act of 2009.
Republic Act No. 10121, Philippine Disaster Risk Reduction and Management Act of
2010.
Page 13 of 14
The National Disaster Risk Reduction and Management Plan (NDRRMP). Office of the Civil
Defense (OCD): December 2012.
United Nations Resolution No. 46/182, Strengthening of the coordination of
humanitarian emergency assistance of the United Nations. 78th plenary meeting. 19
December 1991.
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