EXCERPTS FROM THE MINUTES OF THE 60TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON SEPTEMBER 05, 2017.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member
Hon. John Gio Ong-Bongao Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member, &
Hon. Danilo C. Buenconsejo Member.
N O N E
On Official Business:
Hon. Preciocisima B. Tanggo (Pres., LMB) Member.
Proponent: HON. LUIS RENIR B. BURCE
City Ordinance No. 028- 2017
AN ORDINANCE IMPLEMENTING FORCED EVACUATION IN TIME OF DISASTER AND/OR A STATE OF EMERGENCY HAS BEEN DECLARED IN THE CITY AND DANGER OF LOSS OF LIVES BECOMES IMMINENT, PROVIDING PENALTIES THEREOF AND FOR OTHER PURPOSES.
BE IT ORDAINED, by the Sangguniang Panlungsod of Tabaco City in regular session assembled, that:
SECTION 1. TITLE. This Ordinance shall be known as the “TABACO CITY FORCED EVACUATION ORDINANCE’’.
SECTION 2. POLICY. It is the declared policy of the City of Tabaco to protect the lives of its residents at all times and whenever possible mitigate the effects of man-made and natural disasters within the locality.
SECTION 3. LEGAL BASIS. This Ordinance is enacted pursuant to Section 2 (a) of R.A. 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management Act of 2010”, upholds the people’s constitutional right to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country’s institutional capacity for disaster risk reduction and management and building the resilience of local communities to disasters including climate change impacts.
Section 16 of the Local Government Code of 1991, Local Government Units are authorized under the General Welfare Clause, ‘’to exercise the powers necessary, appropriate, or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare’’ of their inhabitants.
Section 455 (b) (vii) of the Local Government Code (LGC) of 1991 wherein the City Mayor is mandated to carry such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;
Pursuant to the Department of the Interior and Local Government (DILG) Memorandum Circular (MC) No. 2012-35 dated February 21, 2012 the Local Government Units (LGUs) are enjoined through their Local Sanggunian to cause the enactment of local ordinances for the implementation of forced evacuation as a resort when a disaster or emergency has been declared and danger of loss of lives is imminent within their areas of jurisdiction;
Adherence of the City Government of Tabaco to the Provincial Government of Albay’s mandate to “Zero Casualty” during calamities, commits to protecting the lives of its residents and transients alike at all times and at all cost intends to mitigate the effects of man-made and natural disasters.
SECTION 4. RATIONALE. The Philippines is one of the countries vulnerable to disasters, natural and man-made, Albay particularly is prone and exposed to natural and man-made disasters such as typhoons, earthquakes, flash floods, floods, landslides and volcanic eruption;
The Local Government Unit of Tabaco City being at the helm of disaster response, seek to mitigate the impact of disasters whether natural or man- made especially to the most vulnerable sectors of the society by adapting measures to avert/prevent loss of lives. Implementing the pre-emptive forced evacuation in hazard zones area as a resort when there is an imminent danger.
SECTION 5. DEFINITION OF TERMS. As used in this Ordinance:
- DISASTER – means serious disruption of the functioning of community or society involving widespread human, material, economic or environmental loses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disaster are often describe as a result of the combination of the exposure to a hazard; the condition of the vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impact may include loss of life, injury, disease and negative effects on human, physical, mental, and social well-being, together with damage to property, destruction of assets, and loss of services.
- DISASTER MITIGATION – the lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction as well as improved environmental policies and public awareness.
- DISASTER RISK REDUCTION – refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.
- IMMINENT DANGER – means an immediate threat or harm, or the existence of an immediate threat which could reasonably be expected to cause death or serious physical harm.
- EVACUATION – means temporary but rapid removal of all or part of particular population from building or certain area wherein a disaster or emergency has been declared and is considered dangerous for health or safety of the public, whether individually or in an organized manner, as a rescue or precautionary measure.
- EVACUATION CENTERS – is defined as a center/designated areas or sites which provides temporary shelter in case of natural or man-made calamities or any similar emergencies to the affected people with basic human needs including accommodation, food and water.
- FORCED EVACUATION– means an urgent and mandatory evacuation ordered as a result of a declaration of disaster and/ or emergency and danger or loss of lives is imminent and condition exist that critically imperil or endanger the lives of those in a defined area.
- RESPONSE TEAM – shall mean any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervention before, during or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of public activities and facilities.
- PREEMPTIVE EVACUATION – an order from competent authority to forcibly evacuate residents to an appropriate evacuation destination to forestall their exposure to an imminent disaster.
- RISK MANAGEMENT – the systematic approach and practice of managing uncertainty to minimize potential harm and loss. It comprises risk assessment and analysis, and the implementation of strategies and specific actions to control, reduce and transfer risks.
- VULNERABLE OR MARGINALIZED GROUPS – shall mean individuals or group of people that face higher exposure to disaster risk and poverty including but not limited to women, especially pregnant women, youth, children, especially the orphans and unaccompanied children, elderly, differently-abled people, indigenous peoples, the disadvantaged families and individuals living in high risk areas and danger zones.
SECTION 6. TRAINING AND ORIENTATION ON DISASTER RISK REDUCTION AND MANAGEMENT. The City Disaster Risk Reduction and Management Office (CDRRMO) shall organize and conduct community- based training and orientation on the possible man-made or natural hazards, vulnerabilities and climate change risks as well as knowledge management activities on disaster risk reduction and management within the locality at least once during summer as declared by the Philippine Atmospheric and Astronomical Services Administration (PAGASA).
6.1 The foregoing trainings, orientations, activities, and information dissemination shall be intensified and made every year at the onset of the rainy season as declared by the PAGASA.
6.2. During the aforesaid trainings and orientations, the CDRRMO shall also discuss and highlight in the local dialect R.A. 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010; DILG MC No. 2012-35 dated February 21, 2012, Guidelines in Ensuring Public Safety During Man-Made and Natural Disasters; this Ordinance; and other laws, rules and regulations on disaster risk reduction and management.
6.3. The CDRRMO is also encouraged to conceptualized posters, newsletters, brochures and pamphlets, regarding disaster risk reduction and management and cause the same to be posted at the conspicuous places of the city and/or, if possible disseminate through the radio.
SECTION 7. GUIDELINES ON PREEMPTIVE EVACUATION.
7.1. The City Mayor being the Chairman of the City Disaster Risk Reduction and Management Council (CDRRMC) shall approve the implementation of preemptive evacuation or forced evacuation upon the recommendation of the CDRRMC R.A. 10121 Section 11 (b) 3.
7.2. If possible, order for the preemptive evacuation must be thoroughly evaluated after consultation with different government agencies, especially during rainy seasons. The order for preemptive evacuation shall be announced to the vulnerable or marginalized groups in the area who will be affected at least two (2) hours before the commencement of the preemptive evacuation operation to give the effected individuals or groups to prepare their necessary needs or belongings.
7.3. Vulnerable or marginalized groups in the identified danger-zones or areas that are prone to hazards shall be evacuated to designated safe evacuation centers.
7.4. Assistance from the private sector such as private schools, houses, and the public transportation system, shall be secured if the situation warrants. Particularly, temporary use of their sport facilities or auditorium may be requested if the need arises and if the shortage of evacuation site exists.
7.5. Safe barangay halls and outpost shall be designated as the pick- up point area in areas far from a designated evacuation center. Tabaco City DRRMO shall take the lead in preparing for, responding to, and recovering from the effects of any disaster based on the criteria provided under Rule 11, Section 1 of the Implementing Rules and Regulations of Republic Act 10121.
7.6. Transport Team vehicles used in transporting affected residents to and from the designated evacuation sites or centers shall have the necessary banners or signs/logos for immediate identification.
7.7. Enlist the assistance of the City Chief of Police, City Fire Marshal, City DRRMO-Rescue Team, AFP/Coastguard Reserve Groups or any Accredited Community Disaster Volunteers (ACDVs) in preparation and enforcement of pre-emptive evacuation before and during the disaster or calamity situations.
The City Social Welfare and Development Office (CSWDO) shall provide a list of the designated evacuation centers.
7.8. The City Government of Tabaco may mobilize City Hall employees, when the situations may warrant, individuals or organized volunteers to augment their respective personnel and logistical requirements in the delivery of disaster risk reduction programs and activities.
7.9. Strict enforcement of the preemptive measure shall be done in the area/s affected or about to be affected by the man-made or natural disaster. The barangay chief executive or any of the barangay officials who are more oriented in the affected or target area, as much as possible, shall be responsible, in guiding the response team composed of Tabaco City DRRMO Team, the Philippine National Police (PNP), Bureau of Fire Protection (BFP) or any enforcement agency, local rescue teams or volunteers. The response team shall make sure that no person has been left unaccounted for in the area or allowed to return in the affected area without an order issued to this effect.
7.10. Once the preemptive evacuation has commenced, order of priorities shall be given the following:
- the sick and elderly people;
- differently-abled people;
- pregnant women and children, especially the orphan and unaccompanied children;
- indigenous peoples
7.11. Camp management teams shall be on standby in the designated evacuation centers/sites to monitor and provide services and necessary materials such as foods and medicines to the evacuees in times of disasters or calamity. Medical personnel shall also be on standby at the evacuation sites to provide medical assistance to the vulnerable or marginalized groups, as well as the response team and other persons that needs immediate medical attention. The City Social Welfare Office shall identify and designate the evacuation centers, giving priority to the vulnerable sectors of the City, In the aftermath of the calamity and/or man-made or Natural Disaster, the City Government of Tabaco shall extend any assistance that it can provide to victims for their rapid recovery.
7.12. Search and Rescue Team must be equipped with proper training and the necessary equipment suitable for a particular situation. The City Government of Tabaco may provide additional equipment’s and paraphernalia to the response team as may be needed to properly and effectively respond to the needs of those affected by the calamity and/or man-made or natural disasters.
The City Government of Tabaco shall take full responsibility for the enhancement of volunteers and shall submit the list to the Office of the Civil Defense through the Tabaco City DRRMO for accreditation and inclusion in the data base of community disaster volunteers.
The City Government of Tabaco shall be responsible for providing insurance and necessary benefits to any volunteers who die or sustain injury while engaging in any activities defined in Republic Act. 10121 otherwise known as the Philippine Risk Reduction Management Act of 2010.
7.13. Residents shall only be allowed to return or go back to their homes upon the order of the City Mayor through recommendation by the Tabaco City DRRMO in consultation with different government agencies concerned and field personnel, after it has been determined that the danger no longer exist therein.
SECTION 8. GUIDELINES IN IMPLEMENTING FORCED EVACUATION. Forced evacuation shall be carried out in a manner that is humane, respectful of the dignity of persons without discrimination and with conscious attention to the needs of vulnerable sectors such as women, pregnant women, children, elderly and persons with disabilities.
8.1. Forced Evacuation procedure will be resorted to in cases where the forecasted impact of disaster in within less than 4 hours or in any disaster incidents that have already occurred.
8.2. Personnel and Volunteers carrying out the forced evacuation shall make sure that all measures are taken to inform the evacuees, in a manner and language that they can understand, of the need for the evacuation, the lack of other alternative for their evacuation.
8.3. Personnel and volunteers carrying out the forced evacuation shall comply with other rules being promulgated by the Commission on Human Rights (CHR) for the protection of human rights of all persons is hereby adopted.
SECTION 9. ENLISTMENT OF ASSISTANCE OF OTHER GOVERNMENT AGENCIES. In declaring the implementation/enforcement of forced evacuation, the members of the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), Philippine Coast Guard (PCG), PNP-Maritime Group, and Department of Social Welfare and Development (DSWD), assigned within the affected locality shall be enlisted by the City Mayor.
All emergency measures adopted shall be a coordinative and collaborative effort between the City Government of Tabaco and other government line agencies;
9.1. The Philippine National Police-Tabaco City Police Station (PNP-TCPS) and Bureau of Fire Protection (BFP) Tabaco City, as member of the Evacuation Response Team, shall maximize their resources in assisting the members of Tabaco City Disaster Risk Reduction and Management group, barangay officials, rescue teams and community disaster volunteers during the implementation of pre-emptive and forced evacuation, with the end view of maintaining order and safety of the local residents throughout the process of evacuation operation.
9.2. They shall also take appropriate measures in safeguarding the belongings left behind and brought along by the evacuated residents of the City of Tabaco.
SECTION 10. COORDINATION.
10.1. All emergency measures adopted shall be coordinated and a collaborative effort between the concerned City Officials of Tabaco particularly the CDRRMO, Bureau of Fire Protection (BFP) and Philippine National Police (PNP), the barangays and all agencies of the government concern.
10.2. The Tabaco City DRRM and Office shall take the lead in preparing for, responding to, and recovering from the effects of any disaster, based on the criteria provided in Rule 11, Section 1 of R.A. 10121 Implementing Rules and Regulations (IRR).
10.3. The Evacuation Sector Guidelines and flow of operation stated in the Contingency Plans for Floods, Volcanic Eruptions, Typhoons and Earthquake shall be followed.
SECTION 11. PROHIBITED ACTS. Any person who commits any of the following prohibited acts shall be held liable and subjected to the penalties as prescribed under Section 12 of this Ordinance:
- Dereliction of duties which leads to the loss of lives in their area of jurisdiction.
- Preventing the entry of evacuation response team from executing the forced evacuation.
- Refusal to leave in the declared High Danger Zone (HDZ) once the disaster or emergency has been declared and loss of lives becomes imminent.
SECTION 12. PENALTY CLAUSE. Any public official, employee and any person or group of persons found to violate any of the pertinent provisions of this Ordinance shall be subjected to a fine not exceeding Three Thousand Pesos (₱ 3,000.00) for the FIRST OFFENSE, Four Thousand Pesos (₱ 4,000.00) for the SECOND OFFENSE, or imprisonment of not less than Thirty (30) days but not exceeding Three (3) Months, or both, at the discretion of the court, and Five Thousand Pesos (₱ 5,000.00) for the THIRD and SUCCEEDING OFFENSE or imprisonment not exceeding One (1) Year or both at the discretion of the court without prejudice to administrative sanctions as may be imposed under existing laws, rules and regulations for government officials and employees.
Non-compliance of this Ordinance shall be dealt with in accordance with DILG Memorandum Circular No. 2012-35.
SECTION 13. REPEALING CLAUSE. Any ordinance, order, memorandum, rule and regulation which is inconsistent with the provision of this Ordinance is hereby modified or repealed accordingly.
SECTION 14. SEPARABILITY CLAUSE. Should any section, clause, or provision of this Ordinance be declared invalid by a court of competent jurisdiction, it shall not affect the validity of the remaining portions of this Ordinance.
SECTION 15. EFFECTIVITY. This Ordinance shall take effect upon approval and after posting at the bulletin boards of the City Government of Tabaco.
We hereby certify to the correctness of the foregoing Ordinance.
LUIS RENIR B. BURCE NESTOR T. SAN PABLO
Proponent City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
CIELO KRISEL LAGMAN-LUISTRO