Republic of the Philippines
Province of Negros Oriental
Office of the Sangguniang Panlungsod
City of Tanjay

EXCERPT FROM THE JOURNAL OF THE 104TH REGULAR SESSION OF THE 7TH SANGGUNIANG PANLUNGSOD OF THE CITY OF TANJAY HELD AT THE SP SESSION HALL ON JULY 23, 2018.

PRESENT:

Honorable Regalado D. Salma, Jr. Acting City Vice-Mayor/Acting Presiding Officer
Honorable Daryll T. Aba Member
Honorable Francisco R. Dael, Jr. Member
Honorable Joselito R. Manso Member
Honorable Henry R. Tam Member
Honorable Felix R. Mira, Jr. Member
Honorable Teopisto T. Calumpang, Jr. Member
Honorable Patchita Y. Bulandres Member
Honorable Epifanio T. Busmion Member
Honorable Irving M. Malunda Member
Honorable James Kenneth G. Aguilar (SK President) Member

 

ON OFFICIAL BUSINESS:

Honorable Segfredo O. Buagas (ABC President) Member

RESOLUTION NO. 18-255

“WHEREAS, it is a national policy under Section 7 (a) of Republic Act 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010 to uphold the people’s constitutional rights to life and property by addressing the root causes of vulnerability 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;

“WHEREAS, the Local Government Units (LGUs) are authorized under Section 16 of the Local Government Code of 1991, otherwise known as the General Welfare Clause, to “xxx 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”;

“WHEREAS, Punong Barangays {Section 389(b/6)}, Municipal Mayors {Section 444(b)(viii)}, City Mayors {Section 455(b)(viii)}, and Governors {Section 465(b)(viii)} are all mandated under the Local Government Code of 1991 to carry such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

“WHEREAS, the LGUs, through their local sanggunians, are enjoined under DILG Memorandum Circular No. 2012-35 dated 21 February, 2012 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 area of jurisdiction;

“WHEREAS, the City Government of Tanjay is highly concerned with and committed at protecting the lives of its residents at all times and of mitigating the effects of man-made and natural disasters;

“THEREFORE, on motion of Member Joselito R. Manso, seconded by Members Francisco R. Dael, Jr., Felix R. Mira, Jr. and Irving M. Malunda, the Honorable Sangguniang Panlungsod

“RESOLVED as it hereby resolved to pass the following ordinance, to wit:

ORDINANCE NO. 8

AN ORDINANCE IMPLEMENTING FORCED EVACUATION AS A RESORT WHEN A DISASTER OR EMERGENCY HAS BEEN DECLARED IN THE CITY AND DANGER OF LOSS OF LIVES BECOME IMMINENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES

“Be it ordained by the Honorable Sangguniang Panlungsod, that:

“SECTION 1.  DECLARATION OF POLICY – It is a declared policy of the City of Tanjay to protect the lives of its residents at all times and whenever possible mitigate the effects of man-made and natural disaster within the locality.

“SECTION 2.  DEFINITION OF TERMS as used in this ordinance:

2.1  Disaster – means the result of a natural or man-made event which causes loss of life, injury and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high wind and other weather-related power plant incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action and other events related thereto;

2.2    Imminent Danger – means an immediate threat of harm;

 

2.3  Evacuation – means an operation whereby all or part of a particular population is temporarily relocated, whether individually or in organized manner from an area in which a disaster or emergency has been declared and is considered dangerous for health or safety of the public;

2.4  Gender-Based Violence (GBV) – is any harmful act that is perpetrated against a person’s will on the basis of gender differences.  GBV is already pervasive in times of peace but may escalate during emergency situation.

2.5  Forced Evacuation – means an evacuation ordered as a resort when a disaster or emergency has been declared and danger of loss of life is imminent and conditions exist that critically imperil or endanger the lives of those in a defined area.

“SECTION 3.  TRAINING AND ORIENTATION ON DISASTER RISK REDUCTION AND MANAGEMENT – The City Disaster Risk Reduction and Management Officer (CDRRMO) shall organize and conduct training and orientation on the possible man-made, natural hazards, vulnerabilities and climate change risk as well as knowledge management activities in disaster risk reduction and management within the locality at least twice a year during summer and intensified at the onset of rainy season;

During the aforesaid trainings and orientations, the CDRRMO shall also discuss and highlight in vernacular RA 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010; DILG MC No. 2012-35 dated 21 February 2012 regarding the Guidelines in Ensuring Public Safety during Man-made and natural Disasters; and other laws, rules and regulations on disaster risk reduction and management;

The CDRRMO is also encouraged to conceptualize posters, newsletters, brochures, pamphlets regarding disaster risk reduction and management and cause the same to be posted at the conspicuous places of the city and/or possible, disseminate through radio and TV advertisements.

“SECTION 4.  FORCED EVACUATION – If upon the assessment or determination of the CDRRMO, forced or preemptive evacuation of the local residents is already necessary, said council shall immediately make recommendation of such assessment or determination.

On the basis of forced evacuation which shall include but shall not be limited to the following basis of such recommendation, the City mayor shall immediately declare the implementation/enforced evacuation which shall include but shall not be limited to the following:

  1. The designated area where vehicles provided by the city government are waiting to transport local residents to the identified evacuation centers;
  1. Evacuation centers or such places where the evacuated local residents will be temporarily taken;
  1. The necessity of the evacuated local residents to stay in the aforesaid evacuation centers until there be issuance declaring that the imminent danger within the affected area is no longer there, if this is still possible; and
  1. Measures ensuring the safety of local residents in the evacuation areas.

However, immediately after declaration of forced evacuation but before actual implementation/enforcement thereof, the city government shall see to it that the local residents are informed of the need for them to evacuate and that there is no other alternative way to ensure their safety.

“SECTION 5.  PREVENTION OF GENDER-BASED VIOLENCE (GBV) IN EVACUATION CENTERS.

During disaster, either man-made or natural disaster, such as typhoon, the open living conditions in evacuation centers or stress and breakdown of community norms and protection put women and children at risk of Gender-Based Violence.  Women are exposed to all forms of sex-related violence and children are also exposed to exploitation and child trafficking. Incidents of Gender-Based Violence are expected to increase due to stress and breakdown of community norms and protection.  The following measures shall be considered;

  1. To construct separate and secure latrines and bathing facilities and breastfeeding room with adequate lighting for women and mothers;
  1. Ensure free access of pregnant women and mothers to ante-natal and post-natal care;
  1. Conduct strong information campaign on the merits of Family Planning alongside responsible parenting sessions;
  1. Recruit women volunteers to join the rescue team to do the rescue of women during disaster;
  1. Capacitate Evacuation Center’s Staff in the prevention and management of Gender-Based Violence (GBV).

“SECTION 6.  ENLISTMENT OF ASSISTANCE OF LGU OFFICES AND OTHER GOVERNMENT AGENCIES.

In declaring the implementation/enforcement of forced evacuation, the members of the PNP, AFP, BFP, and BJMP assigned within the affected locality are thereby enlisted  by the City Mayor and become automatic members of the CDRRMC.

All emergency measures adopted shall be a coordinative and collaborative effort between the City Government, the BFP, BJMP, PNP and AFP units.

“SECTION 7.  REFUSAL OF LOCAL RESIDENTS TO LEAVE THEIR HOMES OR AFTER EVACUATING GO BACK THEREIN WITHOUT AN ORDER ALLOWING THEM TO DO SO.

In the event that the local residents refuse to leave their homes, or after evacuating, go back to their homes/affected areas without an order issued to this effect, the City Government, as well as, the members of the CDRRMC, BDRRMC, LGU Offices, mobilized units of the PNP, AFP, BFP and the BJMP may use such physical force that is commensurate under the circumstances, without discrimination and with conscious attention to the needs of vulnerable sectors such as children, women, the elderly and persons with disabilities, with the view that lives are safely secured.

“SECTION 8.  BUDGETARY REQUIREMENTS – Budgetary requirements due for this ordinance shall be chargeable from the 5% Disaster Risk Reduction and Management Fund (DRRMF).

“SECTION 9.  PENAL CLAUSE – Any persons found to violate any of the pertinent provisions of this ordinance shall be subjected to a fine not less than 500.00 but not exceeding 5,000.00 or imprisonment of not less than 30 days but not exceeding 1 year, or both, at the discretion of the court.  If the Violator is a public official, the foregoing penalty shall be without prejudice to administrative sanctions as may be imposed under existing laws, rules, and regulations.

“SECTION 10.  REPEALING CLAUSE.  Any ordinance, order, memorandum, rules and regulation which is inconsistent with the provision of this ordinance is hereby modified or repealed accordingly.

“SECTION 11.  EFFECTIVITY CLAUSE.   This ordinance shall take effect fifteen (15 ) days after its publication in a newspaper of general circulation within the city.  Let copies of this resolution-ordinance be forwarded to all offices concerned for their information, record and guidance.

“UNANIMOUSLY APPROVED.”

_____________

I HEREBY CERTIFY to the correctness of the above-quoted resolution.

JOSELITA C. FLORDELIZ
SP Secretary

DARYLL T. ABA FRANCISCO R. DAEL, JR. JOSELITO R. MANSO
HENRY R. TAM FELIX R. MIRA, JR.. TEOPISTO T. CALUMPANG
PATCHITA Y. BULANDRES EPIFANIO T. BUSMION IRVING M. MALUNDA
JAMES KENNETH G. AGUILAR
ATTESTED: APPROVED:
REGALADO D. SALMA, JR
Acting City Vice-Mayor/ Acting Presiding Officer
REYNALDO S. CONCEPCION
City Mayor