FAQs: State of Calamity

This is a re-post from Oplan Uganayan

 NDCC Memo Order No. 04, S-1998 Amended Policies, Procedures and Criteria for Calamity Area Declaration


Q1. WHY THE NEED FOR STATE OF CALAMITY AREA DECLARATION?

1. To facilitate relief and rehabilitation efforts in calamity-affected areas.
2. To control prices and prevent hoarding of basic commodities.
3. To carry out remedial measures in the affected areas such as grant of calamity loans to disaster victims, moratorium in the payment of taxes and release of funds from the national and local governments.


Q2. WHO MAY DECLARE A STATE OF CALAMITY?
1. President of the Republic of the Philippines upon the recommendation of the NDCC
2. Local Government Units (LGUs) through the Local Sanggunian upon the recommendation of the local DCC.


Q3. WHY EMPOWER THE LGUs OF STATE OF CALAMITY AREA DECLARATION?
1. This is in keeping with local autonomy under RA 7160 or the Local Government Code of 1991.
2. To provide timely response to disasters or emergencies occurring within their respective areas of responsibility.
3. Empower the LGUs to manage their own funds for disaster operations.


Q4. WHAT ARE THE CRITERIA FOR THE DECLARATION?

At least two or more of the following conditions are present in the affected areas;
1. 20% of the population is affected and in need of assistance, or 20% of the dwelling units have been destroyed.
2. 40% of the means of livelihood are destroyed.
3. Major roads and bridges are destroyed and impassable.
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, etc.

6. Epidemics.

In the above-mentioned criteria, it presupposes that immediately after a disaster (within 24 hours) a damage assessment has been conducted that evaluated the extent of damages to life and property. For LCEs to appropriately attend to the needs of the victims, they can already advance 50% of the LCF, which they shall replenished after the passage of a resolution declaring the area(s) under state of calamity.


Q5. CAN THE BARANGAY DECLARE A STATE OF CALAMITY IN THEIR RESPECTIVE AOR?

Yes, LGUs can declare their areas under state of calamity as the need arises. Since a barangay is the smallest unit of our political system, it is within the scope of the provision.

Whenever a disaster occurs, the Barangay Disaster Coordinating Council (BDCC) shall conduct a survey of the affected area within 24 hours. Based on the damage assessment and evaluation of the BDCC, the punong barangay shall recommend to the barangay council the declaration of a state of calamity in their area. Henceforth, the barangay officials can utilize the 5% local calamity fund for emergency response, relief, and reconstruction and other related activities.

Certainly, barangay officials can and should rightfully assert their mandate to act promptly during disasters by effecting the necessary legislative measures.


Q6. CAN LGUs DECLARE SEPARATELY/JOINTLY?

Yes, LGUs may declare separately or jointly. At the barangay level, it can declare the area under state of calamity while at the same time; at the city/municipal level may also pass the same resolution. Nevertheless, absent such declaration by the latter, it can still provide financial humanitarian assistance to its affected barangays.

Furthermore, NDCC policy provides that “when two or more barangays are affected by a disaster the Sangguniang Panlunsod may declare the entire city or only specific barangays under state of calamityâ€. Thereafter, the LGU can use the local calamity fund to undertake emergency operations and reconstruction based on damage data and rehabilitation plan approved by the council.

In view hereof, it may be inferred that the Zamboanga CDCC could have declared at the city level, the four (4) barangays affected by the flooding incident under state of calamity for the city government to apportion part of its 5% calamity fund in support of the emergency requirements of the barangays affected.


Q7. WHAT IF THE CRITERIA IS NOT REACHED?

Debate over what is legal or not is proper. However, this tedious process may compromise the urgency of humanitarian response. NDCC policy leaves room for flexibility in the use of local calamity fund in due consideration of the emergency status and the urgency of action necessary to save lives and property. In the end, our local Sanggunian shall determine what is fitting for local application. For as long as they support this through resolutions/declarations, this justifies emergency expenses.

Unlike other areas, Zamboanga City is not located in the typhoon path. As such, for Zamboanga City, it is suggested that the criteria be taken with ample consideration for and again, “emergency†and “humanitarian†reasons.


Q8. WHAT IS THE JUSTIFICATION THEN?

The resolution passed by the local Sanggunian is sufficient.