RA 10121 — Philippine Disaster Risk Reduction and Management Act of 2010
Signed: May 27, 2010 Effective: June 11, 2010 (15 days after publication)
RA 10121 creates the National Disaster Risk Reduction and Management Council (NDRRMC) and the country-wide DRRM system. It is the enabling statute for the National Disaster Risk Reduction and Management Plan (NDRRMP) and the Office of Civil Defense (OCD) as lead implementing agency. In the energy sector, RA 10121 is the basis for DOE’s membership in the NDRRMC, the DOE’s energy resiliency policy obligations under the NDRRMP framework, and the State of Calamity’s price control powers over petroleum products.
Repeals: Presidential Decree No. 1566 (the previous civil defense law) and all inconsistent laws.
§2 — Declaration of Policy
Key energy-relevant policy mandates [RA 10121, §2, 2010]:
- §2(g): Mainstream disaster risk reduction and climate change in development processes including policy formulation, energy, health, land-use, and public infrastructure
- §2(n): Develop and strengthen capacities of vulnerable and marginalized groups
- Integrate DRR and climate change as mutually reinforcing strategies — DRR is the primary delivery mechanism for climate adaptation
§3 — Key Definitions
| Term | Definition |
|---|---|
| CBDRRM | Community-Based DRRM — communities actively identify, analyze, and manage disaster risks; people are at the heart of decision-making |
| Disaster | Serious disruption of community/society involving widespread losses exceeding local coping capacity; combination of hazard exposure + vulnerability + insufficient capacity |
| Disaster Risk | Potential disaster losses in lives, health, livelihoods, assets, and services over a specified future time period |
| Early Warning System | Capacities to generate and disseminate timely warnings — 4 elements: hazard knowledge; monitoring/forecasting; communication/dissemination; local response capacity |
| NDRRMF | National Disaster Risk Reduction and Management Framework — comprehensive, all-hazards, multi-sectoral, inter-agency, community-based approach |
| NDRRMP | National Disaster Risk Reduction and Management Plan — goals, objectives, actions, agency roles; formulated and implemented by OCD |
| Resilience | Ability of a system, community, or society to resist, absorb, accommodate, and recover from hazard effects in a timely and efficient manner |
| State of Calamity | Condition involving mass casualty and/or major damages to property and disruption of livelihoods as a result of natural or human-induced hazard |
| Vulnerability | Characteristics and circumstances making a community susceptible to damaging effects of a hazard |
[RA 10121, §3, 2010]
§5 — National Disaster Risk Reduction and Management Council (NDRRMC)
Renamed from the National Disaster Coordinating Council (NDCC). [RA 10121, §5, 2010]
Leadership Structure
| Role | Agency |
|---|---|
| Chairperson | Secretary, Department of National Defense (DND) |
| Vice Chairperson for Disaster Preparedness | Secretary, DILG |
| Vice Chairperson for Disaster Response | Secretary, DSWD |
| Vice Chairperson for Disaster Prevention and Mitigation | Secretary, DOST |
| Vice Chairperson for Disaster Rehabilitation and Recovery | Director-General, NEDA |
Members (Selected)
Cabinet secretaries of: DOH, DENR, DA, DepED, DOE, DOF, DTI, DOTC, DBM, DPWH, DFA, DOJ, DOLE, DOT; Executive Secretary; OCD Administrator; CHED Chairman; AFP Chief of Staff; PNP Chief; Press Secretary; PNRC Secretary General; 4 CSO representatives; 1 private sector representative; CCC Climate Change Office Executive Director (§5(y)); Liga/League presidents; other statutory bodies.
DOE Secretary is a statutory member of the NDRRMC — the basis for DOE’s formal energy resilience coordination mandate within the national DRRM system.
§6 — NDRRMC Powers and Functions
Energy-relevant functions [RA 10121, §6, 2010]:
| Function | Detail |
|---|---|
| Develop NDRRMF | Comprehensive, all-hazards, multi-sectoral, inter-agency, community-based approach; reviewed every 5 years |
| Climate risk assessment (§6(j)) | Develop assessment tools on existing and potential hazards brought about by climate change to vulnerable areas and ecosystems — in coordination with CCC |
| Climate-DRRM framework (§6(n)) | In coordination with CCC, formulate and implement a framework for climate change adaptation and DRRM — the basis for all policies, programs, and projects |
| Risk transfer mechanisms (§6(f)) | Develop appropriate risk transfer mechanisms guaranteeing social and economic protection and resilience — statutory basis for DRFI/parametric insurance programs |
| Early warning systems (§6(e)) | Establish national early warning and emergency alert system using diverse mass media and wireless communications |
| Monitoring and guidelines (§6(i)) | Provide necessary guidelines and procedures on Local DRRM Fund releases, utilization, accounting, and auditing |
| Manage NDRRM Fund (§6(h)) | Mobilize resources for DRRM including the National Disaster Risk Reduction and Management Fund |
§7 — NDRRMC Chairperson Authority
The DND Secretary (as NDRRMC Chairperson) may call upon any government instrumentality or NGO for assistance including use of facilities and resources for protection and preservation of life and property across the full spectrum of DRRM activities. This includes authority to call on the Reserve Force (RA 7077). [RA 10121, §7, 2010]
§8–9 — Office of Civil Defense (OCD)
Primary mission: Administer a comprehensive national civil defense and DRRM program — continuous development of strategic and systematic approaches and measures to reduce vulnerabilities and risks to hazards and manage consequences of disasters.
OCD Administrator: Serves as Executive Director of the NDRRMC; rank = Department Undersecretary. Must be universally acknowledged expert in disaster preparedness and management with proven integrity. OCD serves as secretariat of the NDRRMC. [RA 10121, §8, 2010]
OCD Powers (§9): Formulate and implement NDRRMP; identify, assess and prioritize hazards and risks; develop national standards for DRRM programs; review local DRRM plans; establish DRRM Training Institutes for public and private individuals; ensure alignment of all international DRRM support with national policies. [RA 10121, §9, 2010]
§10–12 — Regional and Local DRRM Structure
Regional DRRM Councils (RDRRMCs): Renamed from Regional Disaster Coordinating Councils. OCD Regional Directors serve as chairpersons. Coordinate, integrate, supervise, and evaluate LDRRMCs. [RA 10121, §10, 2010]
Local DRRM Councils (LDRRMCs): Renamed from Provincial/City/Municipal Disaster Coordinating Councils. Chaired by Local Chief Executives. Barangay Disaster Coordinating Councils are abolished — functions assumed by Barangay Development Councils (BDCs). [RA 10121, §11, 2010]
Local DRRM Offices (LDRRMOs): Established in every province, city, and municipality. Functions include: local risk mapping and hazard monitoring; early warning systems; LDRRMP formulation; local DRRM training; emergency response; database of critical infrastructure (including hospitals and evacuation centers). [RA 10121, §12, 2010]
§15 — Coordination During Emergencies
Cascading coordination structure for disaster response [RA 10121, §15, 2010]:
- Barangay affected → BDC leads
- 2+ barangays affected → City/Municipal DRRMC leads
- 2+ cities/municipalities affected → Provincial DRRMC leads
- 2+ provinces affected → Regional DRRMC leads
- 2+ regions affected → NDRRMC leads
LGUs have primary responsibility as first disaster responders. NDRRMC and intermediary LDRRMCs act as support.
§16–17 — State of Calamity and Remedial Measures
Declaration (§16)
NDRRMC recommends to the President the declaration of a State of Calamity for affected barangays/municipalities/cities/provinces/regions, and its lifting. Presidential declaration may warrant international humanitarian assistance. Local sanggunian may also declare State of Calamity upon LDRRMC recommendation. [RA 10121, §16, 2010]
Mandatory Remedial Measures (§17)
Upon State of Calamity declaration, the following are mandatory [RA 10121, §17, 2010]:
- (a) Price ceiling on basic necessities and prime commodities by the President upon recommendation of the implementing agency, per RA 7581 (Price Act) or the National Price Coordinating Council
- (b) Monitoring/prevention/control by Local Price Coordination Council of overpricing and hoarding of prime commodities, medicines, and petroleum products
- (c) Reprogramming of funds for repair and safety upgrading of public infrastructure
- (d) No-interest loans from government financing institutions to affected cooperatives/people’s organizations
Energy relevance: §17(b) expressly covers petroleum products — local price control councils must monitor and prevent overpricing and hoarding of petroleum during declared calamities. This statutory authority is the basis for price monitoring operations conducted jointly by DOE-DOJ after typhoons and other disasters.
§19–20 — Prohibited Acts and Penalties
Prohibited: dereliction of duties leading to disaster losses; preventing relief goods; misrepresenting, diverting, substituting, or stealing relief goods; tampering with hazard monitoring equipment; illegal solicitations; deliberate use of false data.
Penalties: PhP 50,000–500,000 fine and/or 6 years + 1 day to 12 years imprisonment; perpetual disqualification from public office for government officers; deportation of alien offenders. [RA 10121, §19–20, 2010]
§21–22 — DRRM Funds
Local DRRM Fund (LDRRMF) (§21)
Renamed from Local Calamity Fund. At least 5% of LGU revenue from regular sources must be set aside annually. Of this, 30% is Quick Response Fund (QRF) for rapid relief and recovery. Unexpended LDRRMF accrues to a special trust fund for 5 years, then reverts to general fund. [RA 10121, §21, 2010]
National DRRM Fund (§22)
Renamed from Calamity Fund (General Appropriations Act annual appropriation). Used for mitigation, prevention, preparedness (training, equipment, capital expenditures) — and for relief, recovery, and reconstruction for current-year or prior 2-year disasters. 30% is QRF. Released upon President’s approval on NDRRMC recommendation. [RA 10121, §22, 2010]
OCD Funding (§23)
OCD is allocated PhP 1 billion revolving fund starting from effectivity of this Act as lead implementing agency. [RA 10121, §23, 2010]
§26 — Congressional Oversight
A Congressional Oversight Committee of 6 senators + 6 representatives — co-chaired by the Chairpersons of the National Defense and Security Committees of both chambers. Minority has ≥2 representatives from each chamber. Conducts sunset review within 5 years (§27). [RA 10121, §26–27, 2010]
Full text: Cleaned copy