Comparative Analysis Between Cong.

Salceda’s Bill and Admin

Bill Version for DRO 2018

Ritche Van C. Angeles

Pasig City LDRRMO Head
NCR LDRRMO Association
Article IV Sect. 16 LDRO
• All Local Disaster Risk Reduction
Management Councils are 1
hereby abolished.
• The budgetary requirements for
personal services, maintenance
and other operating
expenditures, and capital outlay
of the LDROs shall be sourced
from the General Fund of the
local government units
concerned; Provided, That, the
personal services limitations
under Section 325(a) of
Republic Act No. 7160,
otherwise known as the Local
Government Code of 1991, shall
not apply in relation to the
creation and appointment of at
least five (5) positions in the
LDROs.
• Other maintenance and
operating expenditures and the
capital outlay requirements of
LDROs in the implementation of
disaster risk reduction
management and climate
change adaptation programs
shall be charged to the Local
Disaster Resilience Fund of local
government units.
Article III Organizational Structure
* SECTION 17. Magna Carta.
Qualified employees of the
Department and its attached
agencies shall be covered by R.A.
8439, which provides a magna
carta for scientists, engineers,
researchers, and other science &
technology personnel in
government.
SECTION 18. Hazard Pay. All
personnel of the Department are
entitled to receive hazard pay,
subject to the guidelines set forth
in the IRR of this Act.
Article IV National & Local Govt
* SECTION 20. Composition and
Organization of local disaster
resilience offices. The local disaster
resilience office shall be under the
supervision and control of the
provincial governor, & city or
municipal mayor, as applicable. The
local disaster resilience offices shall
have regular plantilla staff
responsible for, among others,
administration, research &
planning, training, & operations.
The organization, composition,
functions, & responsibilities of the
local disaster resilience offices shall
comply with the requirements &
standards of this Act & the IRR.
SECTION 21. Exemption from the
Personal Services Cap. The Personal
Services(PS) budget of the local
disaster resilience offices of
provinces, cities & mun shall be
exempted from the PS cap
stipulated in the Local Government
Code of 1991 (RA 7160).
On Admin Bill version it mentioned
re Magna Carta and Hazard pay
which is favorable for LDRO
personnel but it needs to clarify if
Local counterpart is also a part of
this. While in Cong Salceda’s
version there was no mention of
Hazard Pay or Magna Carta for
LDRO personnel;
On PS Cap issue, Cong. Salceda’s
version only exempted of at least 5
positions (open for interpretation
and limitation) focusing mainly on
management personnel while the
Admin version gives importance to
all LDRO personnel needed to
execute its mandate /duties (e.g.
responders, rescuers, EMTs, EOC
operators, instructors etc);
Cong Salceda’s version on duties
and responsibilities of LDRO is
much more complete compare to
the Admin version;
There seems to be a conflicting
sentences with Cong. Salceda’s
budgetary requirements for
maintenance and other operating
expenditures at first it says shall be
sourced from the General Fund and
in the latter part says, ”other
maintenance & operating
expenditures…shall be charged to
the LDRF” This and Article VII of
the Admin version needs to be
clarified since its big issue or
problem of LGUs re allocating
budget re preventive maintenance
and operating expenditures of their
OpCen or EOC and Response
equipment and vehicles;
Article XIX Sect. 57 LDRF
• SEC. 57. Local Disaster
Resilience Fund. – (a) The Local
Disaster Risk Reduction and
Management Fund shall
henceforth be known as the
Local Disaster Resilience Fund
(LDRF). At least Seven Percent
(7%) of the estimated revenue
from regular sources of local
government units shall be set
aside as the LDRF to implement
programs, projects, and
activities in their Local Disaster
Resilience Plans.
• Twenty Percent (20%) of the
LDRF shall be allocated as a
quick response or stand-by fund
that shall be used for
prepositioning of relief goods
and items, immediate disaster
response and relief measures,
and early recovery programs in
order that the situation and
living conditions of people in
areas stricken by disasters may
be normalized as quickly as
possible. (e) Eighty Percent
(80%) of the LDRF shall be
allocated for programs,
projects, and activities for
climate change adaptation,
disaster risk and vulnerability
reduction and mitigation,
disaster risk transfer, disaster
preparedness, recovery, and
rehabilitation.
Article IV Sect.
* SECTION 25. Local Disaster
Resilience Fund and Local Disaster
Contingency Fund. LGUs shall
annually set aside not less than ten
percent (10%) of their local budget,
to constitute a Local Disaster
Resilience Fund (LDRF). The LGU
shall use its LDRF to maintain and
operate its local disaster resilience
office to maintain its officers,
employees and staff, and to
implement plans, programs and
activities under its LDRP. Thirty
percent (30%) of the LDRF shall be
set aside as Local Disaster
Contingency Fund (LDCF), which
shall be used for disaster response
and quick recovery measures.
Nothing contained in this Act shall
prevent LGUs from providing
additional funding or allocating
additional resources for disaster
resilience activities, plans and
programs within their jurisdiction.
Under Cong Salceda’s version it is
much clear re the un Utilized Fund
while in Admin version it is not.
Although with the Cong Salceda’s
version it was shorten into 2 years
compare to RA 10121 provisions of
5 years. The problem lies with LGUs
with low budget that sometimes,
they wait for other un utilized fund
in order to purchase quality
expensive emergency vehicles or
equipment or tools or systems and
sometimes also for the
construction of their EOC or Opcen
and other related DRR facilities;
Either it is 7% or 10% it is both
beneficial for the LGU but what
needs to be clarified are the
following:
1. Allowing LDRF to be used by
LGUs for their preventive
maintenance and operating
expenditures in their execution
of their duties and mandate
ensuring readiness of all
facilities, equipment and
response vehicles 24/7;
2. The issue on Trust Fund of the
unutilized LDRF will it be 2
years or 5 years since it also
help small LGUs to program it
for construction of their own
EOC and acquisition of more
quality equipment, vehicles
and systems;
Article XIX Sect. 57 LDRF
• The unexpended and unutilized
balances of the LDRF shall
accrue to a trust fund solely for
the purpose of supporting
disaster risk reduction and
management and climate
change adaptation projects and
activities of the local
government unit concerned
within the next two (2) fiscal
years. Any amount still not fully
utilized after two (2) fiscal years
shall revert back to the general
fund and shall be available for
appropriation for other
purposes by the concerned local
legislative body.
ARTICLE VII FUNDS & RESOURCES The question here is does the
SECTION 45.Appropriations and Admin version also include the LGU
Management of Disaster Resilience in their utilization of the LDRF for
Fund. The budget of the use of maintenance or operating
Department shall be composed of expenses? Or is it only for the
the following, which shall be National Department?
collectively called the Disaster
Resilience Fund:
45. Annual General Appropriations
– shall provide the funding
requirements for, among others,
research, operations, maintenance,
plans, and programs of the
Department of Disaster Resilience,
including, but not limited to,
establishment of evacuation
centers, retrofitting of structures,
establishment of emergency
operating centers, and
implementation of other disaster
risk reduction projects.
45.2 Disaster Contingency Fund –
shall be in a lump-sum form to
provide funds in case of imminent
hazards or actual disasters for,
among others, immediate
response, relief and quick recovery
measures for disaster affected
areas.
45.3 Rehabilitation & Recovery
Fund– shall provide the funding
requirements for rehabilitation
and/or reconstruction projects of
disaster affected areas such as
public classrooms, government
buildings, public hospitals,
permanent shelters & livelihood
programs.
• NO Magna Carta or Hazard Pay
mentioned.
Article XVII Procurement
SECTION 46. Continuing
Appropriations. The unutilized
balances from the Disaster
Contingency Fund, and
Rehabilitation and Recovery Fund
shall be treated as Continuing
Appropriations, which may be used
to finance the cost of projects,
programs, and/or activities even
when such costs are incurred
beyond the fiscal year of the GAA
where such funds were
appropriated.
• Procurement in Cong. Salceda’s
version is more detailed
compare with the Admin
version and more practical;
• Hazard pay and Magna Carta
should be considered to all
LDRO personnel in the Local
(LGUs);