PRESIDENT Ferdinand Marcos Jr. signed into law a measure allowing the government to declare a State of Imminent Disaster even before a calamity strikes.
Under Republic Act (RA) 12287 or the Declaration of State of Imminent Disaster Act, the President may declare a State of Imminent Disaster over a cluster of barangay, municipalities, cities, provinces, and regions upon the recommendation of the National Disaster Risk Reduction and Management Council (NDRRMC).
Local chief executives, upon the recommendation of the Regional Disaster Risk Reduction Management (DRRM) Councils, may likewise declare a State of Imminent Disaster through an executive order in their respective jurisdictions to be affected by an imminent disaster.
The declaration covers hazards such as floods, typhoons, droughts, heat or cold waves, and storm surges when these are projected to cause severe impacts.
A state of imminent disaster is based on a pre-disaster risk assessment, which must show highly probable catastrophic effects and at least three to five days of lead time for the government to prepare.
The declaration is lifted once the hazard occurs or when updated forecasts no longer meet the criteria.
Upon declaration, disaster risk reduction councils at the national, regional, and local levels are authorized to carry out anticipatory actions such as issuing public advisories, mobilizing inter-agency response teams, and prepositioning relief goods.
Authorities may also enforce pre-emptive or forced evacuations, deploy accredited volunteers, and roll out social amelioration programs for indigent and vulnerable groups.
Contingency measures may be taken to shield agricultural production and food supply, while technical support may be extended to protect public health and safety.
The law specifies that anticipatory funds should be disbursed immediately and proportionately, based on the severity and extent of the forecasted hazard.
Local government units (LGUs) are required to integrate anticipatory action measures into their Local DRRM Plans, funded by their Local DRRM Funds and unspent Special Trust Funds.
National government agencies must also allocate portions of their budgets for anticipatory measures, while the National DRRM Fund may be tapped as well.
If the predicted hazard does not occur, unused funds will revert to the Special Trust Fund for LGUs or to the National Treasury for agencies.
Relief goods already procured must be stored by the Department of Social Welfare and Development or the concerned local social welfare offices.
The law penalizes the malicious spread of false disaster information and the manipulation of assessment reports to justify an improper declaration of a state of imminent disaster.
Offenders face fines ranging from P50,000 to P500,000, imprisonment of six to 12 years, and perpetual disqualification from public office if they are government officials.
The new law, which was signed by the President on Sept. 12 and made public on Thursday, takes effect 15 days after publication in the Official Gazette or in a newspaper of general circulation.
Former Albay 2nd District Rep. Joey Salceda welcomed the signing of the law.
“This doctrine of anticipatory action, that you prepare not just when the disaster has struck but when it is imminent, was pioneered in Albay. That saved countless lives. Preparation during a state of imminent disaster is at the heart of Albay’s Zero Casualty Doctrine,” Salceda, a former governor of the province, said in a statement.
“I am thankful to Congress and to President Marcos for enacting this law, because a concept so crucial to disaster planning, pioneered in Albay, will now finally help other provinces also prepare better,” he said. WITH REINA TOLENTINO
