Effects of Declaration of a State of Calamity

By Atty. Fel Lester Brillantes

What is a State of Calamity?

A state of calamity is a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard. (paragraph ll, section 3, RA No. 10121)

The term “disaster” and “calamity” shall include those brought about by natural or man-made causes, whether local or foreign. (last paragraph, section 6, RA No. 7581)

Who declares a State of Calamity?

The National Disaster Risk Reduction and Management Council (NDRRMC ) shall recommend to the President of the Philippines the declaration of a cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria set by the National Council. xxx

The declaration and lifting of the state of calamity may also be issued by the local sanggunian, upon the recommendation of the LDRRMC, based on the results of the damage assessment and needs analysis. (Section 16, RA No. 10121)

What are the effects of a declaration of a State of Calamity?

1. The President's declaration may warrant international humanitarian assistance as deemed necessary. (Section 16, RA No. 10121)

2. Calamity funds of the national, LGUs and the barangays can now be used for disaster-hit areas.

3. Negotiated Procurement may be allowed (Section 53, RA No. 9184 or the Government Procurement Reform Act)

4. The Price Coordinating Council (National and Local) shall convene immediately. (Rule VII, Joint Administrative Order No. 1, series of 1993)

5. Automatic Price Control or Freezing of prices of basic necessities listed under R.A. 7581 or the Price Act which shall remain effective for the duration of the condition that brought it about but not more than 60 days.Basic Necessities include rice, corn, cooking oil, sugar and etc. However, it does not include commercial bottled water.

6. May warrant the need for importation of rice (Section 6, R.A. No. 8178 or the Agricultural Tarrification Act)

7. Automatic Appropriation (R.A. No. 7160 or the Local Government Code)

8. Entitlement to hazard allowance for Public Health Workers (R.A. No. 7305, Magna Carta of Public Health Workers)

9. Entitlement to hazard allowance for science and technological personnel of the government (Section 7, R.A. No. 8439 or Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government)

10. May aggravate a felony (Art. 14, par. 7, Revised Penal Code)

11. Local government units may enact a supplemental budget by way of budgetary realignment to set aside appropriations for the purchase of supplies and materials or the payment of services which are exceptionally urgent or absolutely indispensable to prevent imminent danger to, or loss of, life or property, in the jurisdiction of the local government unit or in other areas declared by the President in a state of calamity. (Section 321, R.A. No. 7160)

12. The declaration of a state of calamity shall make mandatory the immediate undertaking of the following remedial measures by the member-agencies concerned as defined in RA No. 10121:

(a) Imposition of price ceiling on basic necessities and prime commodities by the President upon the recommendation of the implementing agency as provided for under Republic Act No. 7581, otherwise known as the "Price Act", or the National Price Coordinating Council;

(b) Monitoring, prevention and control by the Local Price Coordination Council of overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;

(c) Programming/reprogramming of funds for the repair and safety upgrading of public infrastructures and facilities; and

(d) Granting of no-interest loans by government financing or lending institutions to the most affected section of the population through their cooperatives or people's organizations. (section 17, RA No. 10121)