Republic Act 9262

Anti-Violence Against Women and Their Children Act of 2004

"THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004"

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004."

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the family
and its members particularly women and children, from violence and threats to their personal safety and
security.

Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments of which the Philippines
is a party.

SECTION 3. Definition of Terms.- As used in this Act:

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in
the same room with the abuser;

b) Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right
to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;

3. Destroying household property;

4. Controlling the victims' own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical
and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social
context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to
receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women
and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct which the woman or her child has the right to engage in,
or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right; and
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties.

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or
her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited
to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her
child; and

(5) Engaging in any form of harassment or violence.

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children
of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Sec. 5 hereof shall be
punished according to the following rules:

(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code;

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall
be punished by arresto mayor;

Acts falling under Sec. 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor;

(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Sec. 5(e) shall be punished by prision correccional;

(d) Acts falling under Sec. 5(f) shall be punished by arresto mayor;

(e) Acts falling under Sec. 5(g) shall be punished by prision mayor;

(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the Sec.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such court
in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the
crime or any of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Sec. 5 of this Act and granting
other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim
from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over her life. The provisions of the protection order shall be
enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The
protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any
of the acts mentioned in Sec. 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property
rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent has gathered his things and escort respondent from the
residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and
other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to
surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of
the petitioner and any designated family or household member, provided petitioner and any designated family
or household member consents to such relief.

Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree of legal separation or
annulment or declaration of absolute 'ity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying
for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by
any of the following:

(a) The offended party;

(b) Parents or guardians of the offended party;

(c) Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) Officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) Police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women
and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
venue under Sec. 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial
court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner:
Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall
be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as
described in this Act. A standard protection order application form, written in English with translation to the
major local languages, shall be made available to facilitate applications for protections order, and shall contain,
among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting
to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the
victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life,
it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose
of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and
PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought to their
attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from
Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of economic
means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to
represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to
hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de
parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled
by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Sec. 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a
BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the
basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay
was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal
service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that such order
should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be
effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date
of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent
by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer
shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for
the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the
basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant or the person for whom the applicant is
made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the
court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until
final judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or
applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Sec. 8 hereof in a PPO. A PPO shall be effective
until revoked by a court upon application of the person in whose favor the order was issued. The court shall
ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO
shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-
faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous Sec. without
justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act
is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a
protection order under this Act above all other business and, if necessary, suspend other proceedings in order to
hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that
has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an
application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against
women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person
will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Sec. 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Sec. 5(g) to 5(i).

The protection orders referred to in this Sec. are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sec.s 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and
support of her child/children. Children below seven (7) years old older but with mental or physical disabilities
shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to
order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering
from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall
have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs
or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding
Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited
to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse
or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the
public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and
training of their officers and personnel on the prevention of violence against women and their children under the
Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection
order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Sec. 7
of the Family Courts Act of 1997 and Sec.s 410, 411, 412 and 413 of the Local Government Code of 1991 shall
not apply in proceedings where relief is sought under this Act.

Failure to comply with this Sec. shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and
their children as herein defined, any person, private individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary
to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting
therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance
office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure
order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent
or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of the filing fee and other fees and of
transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). -In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence
Against Women and their children, hereinafter known as the Council, which shall be composed of the following
agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as
well as develop capability programs for their employees to become more sensitive to the needs of their clients.
The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than
an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and
shall receive emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling
and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric
treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. – All agencies involved in responding to violence against women and their children cases shall
be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the likelihood
of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up
to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this Sec. shall be penalized in accordance with
the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the
contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not
more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in
the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act,
the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs
to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any Sec. or provision of this Act is held unconstitutional or invalid,
the other Sec.s or provisions shall not be affected.

SECTION 50. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 51. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.

Approved:  March 08, 2004

 Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES

TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Anti-Bullying Act of 2013".

Section 2. Acts of Bullying. – For purposes of this Act, "bullying" shall refer to any severe or repeated use by
one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any
combination thereof, directed at another student that has the effect of actually causing or placing the latter in
reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at
school for the other student; infringing on the rights of the other student at school; or materially and
substantially disrupting the education process or the orderly operation of a school; such as, but not limited to,
the following:

a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving,
kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available
objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing
foul language or profanity at the target, name-calling, tormenting and commenting negatively on
victim’s looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic means.

Section 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are hereby directed to
adopt policies to address the existence of bullying in their respective institutions. Such policies shall be
regularly updated and, at a minimum, shall include provisions which:

(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately adjacent to school grounds; at school-
sponsored or school-related activities, functions or programs whether on or off school grounds;
at school bus stops; on school buses or other vehicles owned, leased or used by a school; or
through the use of technology or an electronic device owned, leased or used by a school;

(2) Bullying at a location, activity, function or program that is not school-related and through the
use of technology or an electronic device that is not owned, leased or used by a school if the act
or acts in question create a hostile environment at school for the victim, infringe on the rights of
the victim at school, or materially and substantially disrupt the education process or the orderly
operation of a school; and

(3) Retaliation against a person who reports bullying, who provides information during an
investigation of bullying, or who is a witness to or has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for
bullying or retaliation which shall be commensurate with the nature and gravity of the offense:
Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or
retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered
 by the institution concerned. The parents of the said perpetrator shall be encouraged by the said
institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides
information during an investigation of bullying, or is witness to or has reliable information about
an act of bullying; and

(5) Providing counseling or referral to appropriate services for perpetrators, victims and
appropriate family members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided, however, That no
disciplinary administrative action shall be taken against a perpetrator solely on the basis of an
anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative
action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the
mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the
school and how parents and guardians can provide support and reinforce such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in
school: Provided, That the names of students who committed acts of bullying or retaliation shall be
strictly confidential and only made available to the school administration, teachers directly responsible
for the said students and parents or guardians of students who are or have been victims of acts of
bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-
bullying policies being adopted by the school. Such policies shall likewise be included in the school’s student
and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or activities which shall
provide opportunities for school administrators, teachers and other employees to develop their knowledge and
skills in preventing or responding to any bullying act.

Section 4. Mechanisms to Address Bullying. – The school principal or any person who holds a comparable role
shall be responsible for the implementation and oversight of policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall immediately report any instance of
bullying or act of retaliation witnessed, or that has come to one’s attention, to the school principal or school
officer or person so designated by the principal to handle such issues, or both. Upon receipt of such a report, the
school principal or the designated school officer or person shall promptly investigate. If it is determined that
bullying or retaliation has occurred, the school principal or the designated school officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes that criminal charges
under the Revised Penal Code may be pursued against the perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

 (d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of
bullying or retaliation.

If an incident of bullying or retaliation involves students from more than one school, the school first informed
of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both
may take appropriate action.

Section 5. Reporting Requirement. – All schools shall inform their respective schools division superintendents
in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act.
Such notification shall likewise be an administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this Act, and every first week of the start of the school
year thereafter, schools shall submit a report to their respective schools division superintendents all relevant
information and statistics on acts of bullying or retaliation. The schools division superintendents shall compile
these data and report the same to the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the House of Representatives and the
Senate.

Section 6. Sanction for Noncompliance. – In the rules and regulations to be implemented pursuant to this Act,
the Secretary of the DepED shall prescribe the appropriate administrative sanctions on school administrators
who shall fail to comply with the requirements under this Act. In addition thereto, erring private schools shall
likewise suffer the penalty of suspension of their permits to operate.1âwphi1

Section 7. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act, the
DepED shall promulgate the necessary rules and regulations to implement the provisions of this Act.

Section 8. Separability Clause. – If, for any reason, any provision of this Act is declared to be unconstitutional
or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full
force or effect.

Section 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are
inconsistent with or contrary to the provisions of this Act are hereby repealed, amended or modified
accordingly.

Section 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.

Approved,

(Sgd.) JINGGOY EJERCITO ESTRADA (Sgd.) FELICIANO BELMONTE JR.

Acting Senate President Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives
and the Senate on June 5, 2013.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General
House of Representatives

Approved: SEP 12 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
 Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10121

AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK REDUCTION AND

MANAGEMENT SYSTEM, PROVIDING FOR THE NATIONAL DISASTER RISK REDUCTION
AND MANAGEMENT FRAMEWORK AND INSTITUTIONALIZING THE NATIONAL DISASTER
RISK REDUCTION AND MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES.

it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Philippine Disaster Risk Reduction and Management Act
of 2010".

Section 2. Declaration of Policy. - It shall be the policy of the State to:

(a) Uphold the people's constitutional rights to life and property by addressing the root causes of
vulnerabilities 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;

(b) Adhere to and adopt the universal norms, principles and standards of humanitarian assistance and the
global effort on risk reduction as concrete expression of the country's commitment to overcome human
sufferings due to recurring disasters;

(c) Incorporate internationally accepted principles of disaster risk management in the creation and
implementation of national, regional and local sustainable development and poverty reduction strategies,
policies, plans and budgets;

(d) Adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated,
and proactive in lessening the socioeconomic and environmental impacts of disasters including climate
change, and promote the involvement and participation of all sectors and all stakeholders concerned, at
all levels, especially the local community;

(e) Develop, promote, and implement a comprehensive National Disaster Risk Reduction and
Management Plan (NDRRMP) that aims to strengthen the capacity of the national government and the
local government units (LGUs), together with partner stakeholders, to build the disaster resilience of
communities, and' to institutionalize arrangements and measures for reducing disaster risks, including
projected climate risks, and enhancing disaster preparedness and response capabilities at all levels;

(f) Adopt and implement a coherent, comprehensive, integrated, efficient and responsive disaster risk
reduction program incorporated in the development plan at various levels of government adhering to the
principles of good governance such as transparency and accountability within the context of poverty
alleviation and environmental protection;

(g) Mainstream disaster risk reduction and climate change in development processes such as policy
formulation, socioeconomic development planning, budgeting, and governance, particularly in the areas
of environment, agriculture, water, energy, health, education, poverty reduction, land-use and urban
planning, and public infrastructure and housing, among others;
 (h) Institutionalize the policies, structures, coordination mechanisms and programs with continuing
budget appropriation on disaster risk reduction from national down to local levels towards building a
disaster-resilient nation and communities;

(i) Mainstream disaster risk reduction into the peace process and conflict resolution approaches in order
to minimize loss of lives and damage to property, and ensure that communities in conflict zones can
immediately go back to their normal lives during periods of intermittent conflicts;

(j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive to
indigenous know ledge systems, and respectful of human rights;

(k) Recognize the local risk patterns across the country and strengthen the capacity of LGUs for disaster
risk reduction and management through decentralized powers, responsibilities, and resources at the
regional and local levels;

(l) Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for,
responding to, and recovering from the impact of disasters;

(m) Engage the participation of civil society organizations (CSOs), the private sector and volunteers in
the government's disaster risk reduction programs towards complementation of resources and effective
delivery of services to the Citizenry;

(n) Develop and strengthen the capacities of vulnerable and marginalized groups to mitigate, prepare for,
respond to, and recover from the effects of disasters;

(o) Enhance and implement a program where humanitarian aid workers, communities, health
professionals, government aid agencies, donors, and the media are educated and trained on how they can
actively support breastfeeding before and during a disaster and/or an emergency; and

(p) Provide maximum care, assistance and services to individuals and families affected by disaster,
implement emergency rehabilitation projects to lessen the impact of disaster, and facilitate resumption of
normal social and economic activities.

Section 3. Definition of Terms. - For purposes of this Act, the following shall refer to:

(a) "Adaptation" - the adjustment in natural or human systems in response to actual or expected climatic
stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) "Capacity" - a combination of all strengths and resources available within a community, society or
organization that can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure
and physical means, institutions, societal coping abilities, as well as human knowledge, skills and
collective attributes such as social relationships, leadership and management. Capacity may also be
described as capability.

(c) "Civil Society Organizations" Or "CSOs" - non-state actors whose aims are neither to generate
profits nor to seek governing power. CSOs unite people to advance shared goals and interests. They
have a presence in public life, expressing the interests and values of their members or others, and are
based on ethical, cultural, scientific, religious or philanthropic considerations. CSOs include
nongovernment organizations (NGOs), professional associations, foundations, independent research
institutes, community-based organizations (CBOs), faith-based organizations, people's organizations,
social movements, and labor unions.

(d) "Climate Change" - a change in climate that can' be identified by changes in the mean and/or
variability of its properties and that persists for an extended period typically decades or longer, whether
due to natural variability or as a result of human activity.

(e) "Community-Based Disaster Risk Reduction and Management" or "CBDRRM" - a process of disaster
risk reduction and management in which at risk communities are actively engaged in the identification,
analysis, treatment, monitoring and evaluation of disaster risks in order to reduce their vulnerabilities
and enhance their capacities, and where the people are at the heart of decision-making and
implementation of disaster risk reduction and management activities.
(f) "Complex Emergency" - a form of human-induced emergency in which the cause of the emergency as
well as the assistance to the afflicted IS complicated by intense level of political considerations.

(g) "Contingency Planning" - a management process that analyzes specific potential events or emerging
situations that might threaten society or the environment and establishes arrangements in advance to
enable timely, effective and appropriate responses to such events and situations.

(h) "Disaster" - a serious disruption of the functioning of a community or a society involving widespread
human, material, economic or environmental losses and impacts, which exceeds the ability of the
affected community or society to cope using its own resources. Disasters are often described as a result
of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and
insufficient capacity or measures to reduce or cope with the potential negative consequences, Disaster
impacts may include loss of life, injury, disease and other negative effects on human, physical, mental
and social well-being, together with damage to property, destruction of assets, loss of services, Social
and economic disruption and environmental degradation.1avvphi1

(i) "Disaster Mitigation" - the lessening or limitation of the adverse impacts of hazards and related
disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction as
well as improved environmental policies and public awareness.

(j) "Disaster Preparedness" - the knowledge and capacities developed by governments, professional
response and recovery organizations, communities and individuals to effectively anticipate, respond to,
and recover from, the Impacts of likely, imminent or current hazard events or conditions. Preparedness
action is carried out within the context of disaster risk reduction and management and aims to build the
capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from
response to sustained recovery. Preparedness is based on a sound analysis of disaster risk and good
linkages with early warning systems, and includes such activities as contingency planning, stockpiling
of equipment and supplies, the development of arrangements for coordination, evacuation and public
information, and associated training and field exercises. These must be supported by formal institutional,
legal and budgetary capacities.

(k) "Disaster Prevention" - the outright avoidance of adverse impacts of hazards and related disasters. It
expresses the concept and intention to completely avoid potential adverse impacts through action taken
in advance such as construction of dams or embankments that eliminate flood risks, land-use regulations
that do not permit any settlement in high-risk zones, and seismic engineering designs that ensure the
survival and function of a critical building in any likely earthquake.

(l) "Disaster Response" - the provision of emergency services and public assistance during or
immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet
the basic subsistence needs of the people affected. Disaster response is predominantly focused on
immediate and short-term needs and is sometimes called "disaster relief".

(m) "Disaster Risk" - the potential disaster losses in lives, health status, livelihood, assets and services,
which could occur to a particular community or a Society over some specified future time period.

(n) "Disaster Risk Reduction" - the concept and practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of disasters, including through reduced exposures to
hazards, lessened vulnerability of people and property, wise management of land and the environment,
and improved preparedness for adverse events.

(o) "Disaster Risk Reduction and Management" - the systematic process of using administrative
directives, organizations, and operational skills and capacities to implement strategies, policies and
improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of
disaster. Prospective disaster risk reduction and management refers to risk reduction and management
activities that address and seek to avoid the development of new or increased disaster risks, especially if
risk reduction policies are not put m place.

(p) "Disaster Risk Reduction and Management Information System" - a specialized database which
contains, among others, information on disasters and their human material, economic and environmental
impact, risk assessment and mapping and vulnerable groups.
(q) "Early Warning System" - the set of capacities needed to generate and disseminate timely and
meaningful warning information to enable individuals, communities and organizations threatened by a
hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss.
A people-centered early warning system necessarily comprises four (4) key elements: knowledge of the
risks; monitoring, analysis and forecasting of the hazards; communication or dissemination of alerts and
warnings; and local capabilities to respond to the warnings received. The expression "end-to-end
warning system" is also used to emphasize that warning systems need to span all steps from hazard
detection to community response.

(r) "Emergency" - unforeseen or sudden occurrence, especially danger, demanding immediate action.

(s) "Emergency Management" - the organization and management of resources and responsibilities for
addressing all aspects of emergencies, in particular preparedness, response and initial recovery steps.

(t) "Exposure" - the degree to which the elements at risk are likely to experience hazard events of
different magnitudes.

(u) "Geographic Information System" - a database which contains, among others, geo-hazard
assessments, information on climate change, and climate risk reduction and management.

(v) "Hazard" - a dangerous phenomenon, substance, human activity or condition that may cause loss of
life, injury or other health impacts, property damage, loss of livelihood and services, social and
economic disruption, or environmental damage.

(w) "Land-Use Planning" - the process undertaken by public authorities to identify, evaluate and decide
on different options for the use of land, including consideration of long-term economic, social and
environmental objectives and the implications for different communities and interest groups, and the
subsequent formulation and promulgation of plans that describe the permitted or acceptable uses.

(x) "Mitigation" - structural and non-structural measures undertaken to limit the adverse impact of
natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk
communities to address vulnerabilities aimed at minimizing the impact of disasters. Such measures
include, but are not limited to, hazard-resistant construction and engineering works, the formulation and
implementation of plans, programs, projects and activities, awareness raising, knowledge management,
policies on land-use and resource management, as well as the enforcement of comprehensive land-use
planning, building and safety standards, and legislation.

(y) "National Disaster Risk Reduction and Management Framework" or "NDRRMF" - provides for
comprehensive, all hazards, multi-sectoral, inter-agency and community-based approach to disaster risk
reduction and management.

(z) "National Disaster Risk Reduction and Management Plan" or "NDRRMP" - the document to be
formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and specific
objectives for reducing disaster risks together with related actions to accomplish these objectives.

The NDRRMP shall provide for the identification of hazards, vulnerabilities and risks to 'be managed at
the national level; disaster risk reduction and management approaches and strategies to be applied m
managing said hazards and risks; agency roles, responsibilities and lines of authority at all government
levels; and vertical and horizontal coordination of disaster risk reduction and management in the pre-
disaster and post-disaster phases. It shall be in conformity with the NDRRMF.

(aa) "Post-Disaster Recovery" - the restoration and improvement where appropriate, of facilities,
livelihood and living conditions. of disaster-affected communities, including efforts to reduce disaster
risk factors, in accordance with the principles of "build back better".

(bb) "Preparedness" - pre-disaster actions and measures being undertaken within the context of disaster
risk reduction and management and are based on sound risk analysis as well as pre-disaster activities to
avert or minimize loss of life and property such as, but not limited to, community organizing, training,
planning, equipping, stockpiling, hazard mapping, insuring of assets, and public information and
education initiatives. This also includes the development/enhancement of an overall preparedness
strategy, policy, institutional structure, warning and forecasting capabilities, and plans that define
measures geared to help at-risk communities safeguard their lives and assets by being alert to hazards
and taking appropriate action in the face of an Imminent threat or an actual disaster.

(cc) "Private Sector" - the key actor in the realm of the economy where the central social concern and
process are the mutually beneficial production and distribution of goods and services to meet the
physical needs of human beings. The private sector comprises private corporations, households and
nonprofit institutions serving households.

(dd) "Public Sector Employees" - all persons in the civil service.

(ee) "Rehabilitation" - measures that ensure the ability of affected communities/areas to restore their
normal level of functioning by rebuilding livelihood and damaged infrastructures and increasing the
communities' organizational capacity.

(ff) "Resilience" - the ability of a system, community or society exposed to hazards to resist, absorb,
accommodate and recover from the effects of a hazard in a timely and efficient manner, including
through the preservation and restoration of its essential basic structures and functions.

(gg) "Response" - any concerted effort by two (2) or more agencies, public or private, to provide
assistance or intervention during or immediately after a disaster to meet the life preservation and basic
subsistence needs of those people affected and in the restoration of essential public activities and
facilities.

(hh) "Risk" - the combination of the probability of an event and its negative consequences.

(ii) "Risk Assessment" - a methodology to determine the nature and extent of risk by analyzing potential
hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed
people, property, services, livelihood and the environment on which they depend. Risk assessments with
associated risk mapping include: a review of the technical characteristics of hazards such as their
location, intensity, frequency and probability; the analysis of exposure and vulnerability including the
physical, social, health, economic and environmental dimensions; and the evaluation of the effectiveness
of prevailing and alternative coping capacities in respect to likely risk scenarios.

(jj) "Risk Management" - the systematic approach and practice of managing uncertainty to minimize
potential harm and loss. It comprises risk assessment and analysis, and the implementation of strategies
and specific actions to control, reduce and transfer risks. It is widely practiced by organizations to
minimize risk in investment decisions and to address operational risks such as those of business
disruption, production failure, environmental damage, social impacts and damage from fire and natural
hazards.

(kk) "Risk Transfer" - the process of formally or informally shifting the financial consequences of
particular risks from one party to another whereby a household, community, enterprise or state authority
will obtain resources from the other party after a disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other party.

(ll) "State of Calamity" - 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.

(mm) "Sustainable Development" - development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains within it two (2) key
concepts: (1) the concept of "needs", in particular, the essential needs of the world's poor, to which
overriding priority should be given; and (2) the idea of limitations imposed by the state of technology
and social organizations on the environment's ability to meet present and future needs. It is the
harmonious integration of a sound and viable economy, responsible governance, social cohesion and
harmony, and ecological integrity to ensure that human development now and through future
generations is a life-enhancing process.

(nn) "Vulnerability" - the characteristics and circumstances of a community, system or asset that make it
susceptible to the damaging effects of a hazard. Vulnerability may arise from various physical, social,
economic, and environmental factors such as poor design and construction of buildings, inadequate
 protection of assets, lack of public information and awareness, limited official recognition of risks and
preparedness measures, and disregard for wise environmental management.

(oo) "Vulnerable and Marginalized Groups" - those that face higher exposure to disaster risk and
poverty including, but not limited to, women, children, elderly, differently-abled people, and ethnic
minorities.

Section 4. Scope. - This Act provides for the development of policies and plans and the implementation of
actions and measures pertaining to all aspects of disaster risk reduction and management, including good
governance, risk assessment and early warning, knowledge building and awareness raising, reducing underlying
risk factors, and preparedness for effective response and early recovery.

Section 5. National Disaster Risk Reduction and Management Council. - The present National Disaster
Coordinating Council or NDCC shall henceforth be known as the National Disaster Risk Reduction and
Management Council, hereinafter referred to as the NDRRMC or the National Council.

The National Council shall be headed by the Secretary of the Department of National Defense (DND) as
Chairperson with the Secretary of the Department of the Interior and Local Government (DILG) as Vice
Chairperson for Disaster Preparedness, the Secretary of the Department of Social

Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary of the
Department of Science and Technology (DOST) as Vice Chairperson for Disaster Prevention and Mitigation,
and the Director-General of the National Economic and Development Authority (NEDA) as Vice Chairperson
for Disaster Rehabilitation and Recovery.

The National Council's members shall be the following:

(a) Secretary of the Department of Health (DOH);

(b) Secretary of the Department of Environment and Natural Resources (DENR);

(c) Secretary of the Department of Agriculture (DA);

(d) Secretary of the Department of Education (DepED);

(e) Secretary of the Department of Energy (DOE);

(f) Secretary of the Department of Finance (DOF);

(g) Secretary of the Department of Trade and Industry (DT!);

(h) Secretary of the Department of Transportation and Communications (DOTC);

(i) Secretary of the Department of Budget and Management (DBM);

(j) Secretary of the Department of Public Works and Highways (DPWH);

(k) Secretary of the Department of Foreign Affairs (DFA);

(l) Secretary of the Department of Justice (DOJ);

(m) Secretary of the Department of Labor and Employment (DOLE);

(n) Secretary of the Department of Tourism (DOT);

(o) The Executive Secretary;

(p)Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP);

(q) Chairman, Commission on Higher Education (CHED);

(r) Chief of Staff, Armed Forces of the Philippines (AFP);

 (s) Chief, Philippine National Police (PNP);

(t) The Press Secretary;

(u) Secretary General of the Philippine National Red Cross (PNRC);

(v) Commissioner of the National Anti-Poverty Commission-Victims of Disasters and Calamities Sector
(NAPCVDC);

(w) Chairperson, National Commission on the Role of Filipino Women;

(x) Chairperson, Housing and Urban Development Coordinating Council (HUDCC);

(y) Executive Director of the Climate Change Office of the Climate Change Commission;

(z) President, Government Service Insurance System (GSIS);

(aa) President, Social Security System (SSS);

(bb) President, Philippine Health Insurance Corporation (PhilHealth);

(cc) President of the Union of Local Authorities of the Philippines (ULAP);

(dd) President of the League of Provinces of the Philippines (LPP);

(ee) President of the League of Cities of the Philippines (LCP);

(ff) President of the League of Municipalities of the Philippines (LMP);

(gg) President of the Liga ng Mga Barangay (LMB);

(hh) Four (4) representatives from the CSOs;

(ii) One (1) representative from the private sector; and

(jj) Administrator of the OCD.

The representatives from the CSOs and the private sector shall be selected from among their respective ranks
based on the criteria and mechanisms to be set for this purpose by the National Council.

Section 6. Powers and Functions of the NDRRMC. - The National Council, being empowered with policy-
making, coordination, integration, supervision, monitoring and evaluation functions, shall have the following
responsibilities:

(a) Develop a NDRRMF which shall provide for a comprehensive, all-hazards, multi-sectoral, inter-
agency and community-based approach to disaster risk reduction and management. The Framework
shall serve as the principal guide to disaster risk reduction and management efforts in the country and
shall be reviewed on a five(5)-year interval, or as may be deemed necessary, in order to ensure its
relevance to the times;

(b) Ensure that the NDRRMP is consistent with the NDRRMF;

(c) Advise the President on the status of disaster preparedness, prevention, mitigation, response and
rehabilitation operations being undertaken by the government, CSOs, private sector, and volunteers;
recommend to the President the declaration of a state of calamity in areas extensively damaged; and
submit proposals to restore normalcy in the affected areas, to include calamity fund allocation;

(d) Ensure a multi-stakeholder participation in the development, updating, and sharing of a Disaster Risk
Reduction and Management Information System and Geographic Information System-based national
risk map as policy, planning and decision-making tools;
 (e) Establish a national early warning and emergency alert system to provide accurate and timely advice
to national or local emergency response organizations and to the general public through diverse mass
media to include digital and analog broadcast, cable, satellite television and radio, wireless
communications, and landline communications;

(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic protection
and increase resiliency in the face of disaster;

(g) Monitor the development and enforcement by agencies and organizations of the various laws,
guidelines, codes or technical standards required by this Act;

(h) Manage and mobilize resources for disaster risk reduction and management including the National
Disaster Risk Reduction and Management Fund;

(i) Monitor and provide the necessary guidelines and procedures. on the Local Disaster Risk Reduction
and Management Fund (LDRRMF) releases as well as utilization, accounting and auditing thereof;

(j) Develop assessment tools on the existing and potential hazards and risks brought about by climate
change to vulnerable areas and ecosystems in coordination with the Climate Change Commission;

(k) Develop vertical and horizontal coordination mechanisms for a more coherent implementation of
disaster risk reduction and management policies and programs by sectoral agencies and LGUs;

(l) Formulate a national institutional capability building program for disaster risk reduction and
management to address the specific' weaknesses of various government agencies and LGUs, based on
the results of a biennial baseline assessment and studies;

(m) Formulate, harmonize, and translate into policies a national agenda for research and technology
development on disaster risk reduction and management;

(n) In coordination with the Climate Change Commission, formulate and implement a framework for
climate change adaptation and disaster risk reduction and management from which all policies,
programs, and projects shall be based;

(o) Constitute a technical management group composed of representatives of the abovementioned

departments, offices, and organizations, that shall coordinate and meet as often as necessary to
effectively manage and sustain national efforts on disaster risk reduction and management;

(p) Task the OCD to conduct periodic assessment and performance monitoring of the member-agencies
of the NDRRMC, and the Regional Disaster Risk Reduction and Management Councils (RDRRMCs),
as defined in the NDRRMP; and

(q) Coordinate or oversee the Implementation of the country's obligations with disaster management
treaties to which it IS a party and see to It that the country's disaster management treaty obligations be
incorporated in its disaster risk reduction and management frameworks, policies, plans, programs and
projects.

Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of the NDRRMC may call upon other
instrumentalities or entities of the government and nongovernment and civic organizations for assistance In
terms of the use of their facilities and resources for the protection and preservation of life and properties in the
whole range of disaster risk reduction and management. This authority includes the power to call on the reserve
force as defined in Republic Act No. 7077 to assist in relief and rescue during disasters or calamities.

Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD) shall have the primary mission of
administering a comprehensive national civil defense and disaster risk reduction and management program by
providing leadership in the continuous development of strategic and systematic approaches as well as measures
to reduce the vulnerabilities and risks to hazards and manage the consequences of disasters.

The Administrator of the OCD shall also serve as Executive Director of the National Council and, as such, shall
have the same duties and privileges of a department undersecretary. All appointees shall be universally
acknowledged experts in the field of disaster preparedness and management and of proven honesty and
integrity. The National Council shall utilize the services and facilities of the OCD as the secretariat of the
National Council.

Section 9. Powers and Functions of the OCD. - The OCD shall have the following powers and functions:

(a) Advise the National Council on matters relating to disaster risk reduction and management consistent
with the policies and scope as defined in this Act;

(b) Formulate and implement the NDRRMP and ensure that the physical framework, social, economic
and environmental plans of communities, cities, municipalities and provinces are consistent with such
plan. The National Council shall approve the NDRRMP;

(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;

(d) Develop and ensure the implementation of national standards in carrying out disaster risk reduction
programs including preparedness, mitigation, prevention, response and rehabilitation works, from data
collection and analysis, planning, implementation, monitoring and evaluation;

(e) Review and evaluate the Local Disaster risk Reduction and Management Plans (LDRRMPs) to
facilitate the integration of disaster risk reduction measures into the local Comprehensive Development
Plan (CDP) and Comprehensive Land-Use Plan (CL UP);

(f) Ensure that the LG U s, through the Local Disaster Risk Reduction and Management Offices
(LDRRMOs) are properly informed and adhere to the national standards and programs;

(g) Formulate standard operating procedures for the deployment of rapid assessment teams, information
sharing among different government agencies, and coordination before and after disasters at all levels;

(h) Establish standard operating procedures on the communication system among provincial, city,
municipal, and barangay disaster risk reduction and management councils, for purposes of warning and
alerting them and for gathering information on disaster areas before, during and after disasters;

(i) Establish Disaster Risk Reduction and Management Training Institutes in such suitable location as
may be deemed appropriate to train public and private individuals, both local and national, in such
subject as disaster risk reduction and management among others. The Institute shall consolidate and
prepare training materials and publications of disaster risk reduction and management books and
manuals to assist disaster risk reduction and management workers in the planning and implementation of
this program and projects. The Institute shall conduct research programs to upgrade know ledge and
skills and document best practices on disaster risk reduction and management. The Institute is also
mandated to conduct periodic awareness and education programs to accommodate new elective officials
and members of the LDRRMCs;

(j) Ensure that all disaster risk reduction programs, projects and activities requiring regional and
international support shall be in accordance with duly established national policies and aligned with
international agreements;

(k) Ensure that government agencies and LGUs give toppriority and take adequate and appropriate
measures in disaster risk reduction and management;

(l) Create an enabling environment for substantial and sustainable participation of CSOs, private groups,
volunteers and communities, and recognize their contributions in the government's disaster risk
reduction efforts;

(m) Conduct early recovery and post-disaster needs assessment institutionalizing gender analysis as part
of it;

(n) Establish an operating facility to be known as the National Disaster Risk Reduction and Management
Operations Center (NDRRMOC) that shall be operated and staffed on a twenty-four (24) hour basis;

(o) Prepare the criteria and procedure for the enlistment of accredited community disaster volunteers
(ACDVs). It shall include a manual of operations for the volunteers which shall be developed by the
OCD in consultation with various stakeholders;
 (p) Provide advice and technical assistance and assist in mobilizing necessary resources to increase the
overall capacity of LGUs, specifically the low income and in high-risk areas;

(q) Create the necessary offices to perform its mandate as provided under this Act; and

(r) Perform such other functions as may be necessary for effective operations and implementation of this
Act.

Section 10. Disaster Risk Reduction and Management Organization at the Regional Level. - The current
Regional Disaster Coordinating Councils shall henceforth be known as the Regional Disaster Risk Reduction
and Management Councils (RDRRMCs) which shall coordinate, integrate, supervise, and evaluate the activities
of the LDRRMCs. The RDRRMC shall be responsible in ensuring disaster sensitive regional development
plans, and in case of emergencies shall convene the different regional line agencies and concerned institutions
and authorities.

The RDRRMCs shall establish an operating facility to be known as the Regional Disaster Risk Reduction and
Management Operations Center (RDRRMOC) whenever necessary.

The civil defense officers of the OCD who are or may be designated as Regional Directors of the OCD shall
serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the DSWD,
the DILG, the DOST, and the NEDA. In the case of the Autonomous Region in Muslim Mindanao (ARMM),
the Regional Governor shall be the RDRRMC Chairperson. The existing regional offices of the OCD shall
serve as secretariat of the RDRRMCs. The RDRRMCs shall be composed of the executives of regional offices
and field stations at the regional level of the government agencies.

Section 11. Organization at the Local Government Level. - The existing Provincial, City, and Municipal
Disaster Coordinating Councils shall henceforth be known as the Provincial, City, and Municipal Disaster Risk
Reduction and Management Councils. The Barangay Disaster Coordinating Councils shall cease to exist and its
powers and functions shall henceforth be assumed by the existing Barangay Development Councils (BDCs)
which shall serve as the LDRRMCs in every barangay.

(a) Composition: The LDRRMC shall be composed of, but not limited to, the following:

(1) The Local Chief Executives, Chairperson;

(2) The Local Planning and Development Officer, member;

(3) The Head of the LDRRMO, member;

(4) The Head of the Local Social Welfare and Development Office, member;

(5) The Head of the Local Health Office, member;

(6) The Head of the Local Agriculture Office, member;

(7) The Head of the Gender and Development Office, member;

(8) The Head of the Local Engineering Office, member;

(9) The Head of the Local Veterinary Office, member;

(10) The Head of the Local Budget Office, member;

(11) The Division Head/Superintendent of Schools of the DepED, member;

(12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the
area, member;

(13) The Provincial Director/City/Municipal Chief of the Philippine National Police (PNP),
member;
 (14) The Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection
(BFP), member;

(15) The President of the Association of Barangay Captains (ABC), member;

(16) The Philippine National Red Cross (PNRC), member;

(17) Four (4) accredited CSOs, members; and

(18) One (1) private sector representative, member.

(b) The LDRRMCs shall have the following functions:

(1) Approve, monitor and evaluate the implementation of the LDRRMPs and regularly review
and test the plan consistent with other national and local planning programs;

(2) Ensure the integration of disaster risk reduction and climate change adaptation into local
development plans, programs and budgets as a strategy in sustainable development and poverty
reduction;

(3) Recommend the implementation of forced or preemptive evacuation of local residents, if

necessary; and

(4) Convene the local council once every three (3) months or as necessary.

Section 12. Local Disaster Risk Reduction and Management Office (LDRRMO). - (a) There shall be established
an LDRRMO in every province, city and municipality, and a Barangay Disaster Risk Reduction and
Management Committee (BDRRMC) in every · barangay which shall be responsible for setting the direction,
development, implementation and coordination of disaster risk management programs within their territorial
jurisdiction.

(b) The LDRRMO shall be under the office of the governor, city or municipal mayor, and the punong
barangay in case of the BDRRMC. The LDRRMOs shall be initially organized and composed of a
DRRMO to be assisted by three (3) staff responsible for: (1) administration and training; (2) research
and planning; and (3) operations and warning. The LDRRMOs and the BDRRMCs shall organize, train
and directly supervise the local emergency response teams and the ACDVs.

(c) The provincial, city and municipal DRRMOs or BDRRMCs shall perform the following functions
with impartiality given the emerging challenges brought by disasters of our times:

(1) Design, program, and coordinate disaster risk reduction and management activities consistent
with the National Council's standards and guidelines;

(2) Facilitate and support risk assessments and contingency planning activities at the local level;

(3) Consolidate local disaster risk information which includes natural hazards, vulnerabilities,
and climate change risks, and maintain a local risk map;

(4) Organize and conduct training, orientation, and knowledge management activities on disaster
risk reduction and management at the local level;

(5) Operate a multi-hazard early warning system, linked to disaster risk reduction to provide
accurate and timely advice to national or local emergency response organizations and to the
general public, through diverse mass media, particularly radio, landline communications, and
technologies for communication within rural communities;

(6) Formulate and implement a comprehensive and - integrated LDRRMP in accordance with the
national, regional and provincial framework, and policies on disaster risk reduction in close
coordination with the local development councils (LDCs);

(7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the annual
LDRRMO Plan and budget, the proposed programming of the LDRRMF, other dedicated
disaster risk reduction and management resources, and other regular funding source/s and
budgetary support of the LDRRMO/BDRRMC;

(8) Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the
LGUs, CSOs, private groups and organized volunteers, to utilize their facilities and resources for
the protection and preservation of life and properties during emergencies in accordance with
existing policies and procedures;

(9) Identify, assess and manage the hazards vulnerabilities and risks that may occur in their
locality;

(10) Disseminate information and raise public awareness about those hazards. vulnerabilities and
risks, their nature, effects, early warning signs and counter-measures;

(11) Identify and implement cost-effective risk reduction measures/strategies;

(12) Maintain a database of human resource, equipment, directories, and location of critical
infrastructures and their capacities such as hospitals and evacuation centers;

(13) Develop, strengthen and operationalize mechanisms for partnership or networking with the
private sector, CSOs, and volunteer groups;

(14) Take all necessary steps on a continuing basis to maintain, provide, or arrange the provision
of, or to otherwise make available, suitably-trained and competent personnel for effective civil
defense and disaster risk reduction and management in its area;

(15) Organize, train, equip and supervise the local emergency response teams and the ACDV s,
ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to
breastfeed;

(16) Respond to and manage the adverse effects of emergencies and carry out recovery activities
in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food,
shelter and medical supplies for women and children, endeavor to create a special place where
internally-displaced mothers can find help with breastfeeding, feed and care for their babies and
give support to each other;

(17) Within its area, promote and raise public awareness of and compliance with this Act and
legislative provisions relevant to the purpose of this Act;

(18) Serve as the secretariat and executive arm of the LDRRMC;

(19) Coordinate other disaster risk reduction and management activities;

(20) Establish linkage/network with other LGUs for disaster risk reduction and emergency
response purposes;

(21) Recommend through the LDRRMC the enactment of local ordinances consistent with the
requirements of this Act;

(22) Implement policies, approved plans and programs of the LDRRMC consistent with the
policies and guidelines laid down in this Act;

(23) Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and Management

Operations Center;

(24) Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of the
LDRRMF and other dedicated disaster risk reduction and management resources to the local
Commission on Audit (COA), copy furnished the regional director of the OCD and the Local
Government Operations Officer of the DILG; and

(25) Act on other matters that may be authorized by the LDRRMC.

 (d) The BDRRMC shall be a regular committee of the existing BDC and shall be subject thereto. The
punong barangay shall facilitate and ensure the participation of at least two (2) CSO representatives
from existing and active community-based people's organizations representing the most vulnerable and
marginalized groups in the barangay.

Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National Service Reserve
Corps, CSOs and the Private Sector. - The government agencies, CSOs, private sector and LGUs may mobilize
individuals or organized volunteers to augment their respective personnel complement and logistical
requirements in the delivery of disaster risk reduction programs and activities. The agencies, CSOs, private
sector, and LGUs concerned shall take full responsibility for the enhancement, welfare and protection of
volunteers, and shall submit the list of volunteers to the OCD, through the LDRRMOs, for accreditation and
inclusion in the database of community disaster volunteers.

A national roster of ACDVs, National Service Reserve Corps, CSOs and the private sector shall be maintained
by the OCD through the LDRRMOs. Accreditation shall be done at the municipal or city level.

Mobilization of volunteers shall be in accordance with the guidelines to be formulated by the NDRRMC
consistent with the provisions of this Act. Any volunteer who incurs death or injury while engaged in any of the
activities defined under this Act shall be entitled to compensatory benefits and individual personnel accident
insurance as may be defined under the guidelines.

Section 14. Integration of Disaster Risk Reduction Education into the School Curricula and Sangguniang
Kabataan (SK) Program and Mandatory Training for the Public Sector Employees. - The DepED, the CHED,
the Technical Education and Skills Development Authority (TESDA), in coordination with the OCD, the
National Youth Commission (NYC), the DOST, the DENR, the DILG-BFP, the DOH, the DSWD and other
relevant agencies, shall integrate disaster risk reduction and management education in the school curricula of
secondary and tertiary level of education, including the National Service Training Program (NSTP), whether
private or public, including formal and nonformal, technical-vocational, indigenous learning, and out-of-school
youth courses and programs.

The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs and the SK councils shall
encourage community, specifically the youth, participation in disaster risk reduction and management activities,
such as organizing quick response groups, particularly in identified disaster-prone areas, as well as the inclusion
of disaster risk reduction and management programs as part of the SK programs and projects.

The public sector employees shall be trained in emergency response and preparedness. The training is
mandatory for such employees to comply with the provisions of this Act.

Section 15. Coordination During Emergencies. - The LDRRMCs shall take the lead in preparing for,
responding to, and recovering from the effects of any disaster based on the following criteria:

(a) The BDC, if a barangay is affected;

(b) The city/municipal DRRMCs, If two (2) or more barangays are affected;

(c) The provincial DRRMC, if two (2) or more cities/municipalities are affected;

(d) The regional DRRMC, if two (2) or more provinces are affected; and

(e) The NDRRMC, if two (2) or more regions are affected.

The NDRRMC and intermediary LDRRMCs shall always act as support to LGUs which have the primary
responsibility as first disaster responders. Private sector and civil society groups shall work in accordance with
the coordination mechanism and policies set by the NDRRMC and concerned LDRRMCs.

Section 16. Declaration of State of Calamity. - The National Council 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. The President's declaration
may warrant international humanitarian assistance as deemed necessary.

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 17. Remedial Measures. - 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 this Act:

(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 18. Mechanism for International Humanitarian Assistance. - (a) The importation and donation of food,
clothing, medicine and equipment for relief and recovery and other disaster management and recovery-related
supplies is hereby authorized in accordance with Section 105 of the Tariff and Customs Code of the Philippines,
as amended, and the prevailing provisions of the General Appropriations Act covering national internal revenue
taxes and import duties of national and local government agencies; and

(b) Importations and donations under this section shall be considered as importation by and/or donation
to the NDRRMC, subject to the approval of the Office of the President.

Section 19. Prohibited Acts. - Any person, group or corporation who commits any of the following prohibited
acts shall be held liable and be subjected to the penalties as prescribed in Section 20 of this Act:

(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and misuse
of funds;

(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including appropriate
technology, tools, equipment, accessories, disaster teams/experts;

(c) Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other
and commodities which are intended for distribution to disaster affected communities;

(d) Buying, for consumption or resale, from the recipient disaster affected persons any relief goods,
equipment or other aid commodities received by them;

(e) Selling of relief goods, equipment or other aid commodities which are intended for distribution to
disaster victims;

(f) Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned to a
specific group of victims or relief agency;

(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than
the rightful recipient or consignee;

(h) Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not
intended for nor consigned to him/her;

(i) Misrepresenting the source of relief goods, equipment or other aid commodities by:

(1) Either covering, replacing or defacing the labels of the containers to make it appear that the
goods, equipment or other aid commodities came from another agency or persons;

(2) Repacking the! goods, equipment or other aid commodities into containers with different
markings to make it appear that the goods came from another agency or persons or was released
upon the instance of a particular agency or persons;
 (3) Making false verbal claim that the goods, equipment or other and commodity m its
untampered original containers actually came from another agency or persons or was released
upon the instance of a particular agency or persons;

(j) Substituting or replacing relief goods, equipment or other aid commodities with the same items or
inferior/cheaper quality;

(k) Illegal solicitations by persons or organizations representing others as defined in the standards and
guidelines set by the NDRRMC;

(l) Deliberate use of false at inflated data in support of the request for funding, relief goods, equipment
or other aid commodities for emergency assistance or livelihood projects; and

(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and
paraphernalia.

Section 20. Penal Clause. - Any individual, corporation, partnership, association, or other juridical entity that
commits any of the prohibited acts provided for in Section 19 of this Act shall be prosecuted and upon
conviction shall suffer a fine of not less than Fifty thousand pesos (Php50,000.00) or any amount not to exceed
Five hundred thousand pesos (php500,000.00) or imprisonment of not less than six (6) years and one (1) day or
more than twelve (12) years, or both, at the discretion of the court, including perpetual disqualification from
public office if the offender IS a public officer, and confiscation or forfeiture in favor of the government of the
objects and the instrumentalities used in committing any of herein prohibited acts.

If the offender is a corporation, partnership or association, or other juridical entity, the penalty shall be imposed
upon the officer or officers of the corporation, partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities license or accreditation issued to them by
any licensing or accredited body of the government. If such offender is an alien, he or she shall, in addition to
the penalties prescribed in this Act, be deported without further proceedings after service of the sentence.

However, the prosecution for offenses set forth in Section 19 of this Act shall be without prejudice to any
liability for violation of Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, and
other civil liabilities.

Section 21. Local Disaster Risk" Reduction and Management Fund (LDRRMF). - The present Local Calamity
Fund shall henceforth be known as the Local Disaster Risk Reduction and Management Fund (LDRRMF). Not
less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to
support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs
including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities,
and for the payment of premiums on calamity insurance. The LDRRMC shall monitor and evaluate the use and
disbursement of the LDRRMF based on the. LDRRMP as incorporated in the local development plans and
annual work and financial plan. Upon the recommendation of the LDRRMO and approval of the sanggunian
concerned, the LDRRMC may transfer the said fund to support disaster risk reduction work of other LDRRMCs
which are declared under state of calamity.

Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Response Fund
(QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people
In communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be
normalized as quickly as possible.

Unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of supporting disaster risk
reduction and management activities of the LDRRMCs within the next five (5) years. Any such amount still not
fully utilized after five (5) years shall revert back to the general fund and will be available for other social
services to be identified by the local sanggunian.

Section 22. National Disaster Risk" Reduction and Management Fund. - (a) The present Calamity Fund
appropriated under the annual General Appropriations Act shall henceforth be known as the National Disaster
Risk Reduction and Management Fund (NDRRM Fund) and it shall be used for disaster risk reduction or
mitigation, prevention and preparedness activities such as but not limited to training of personnel, procurement
of equipment, and capital expenditures. It can also be utilized for relief, recovery, reconstruction and other work
or services in connection with natural or human induced calamities which may occur during the budget year or
those that occurred in the past two (2) years from the budget year.
 (b) The specific amount of the NDRRM Fund and the appropriate recipient agencies and/or LGUs shall
be determined upon approval of the President of the Philippines in accordance with the favorable
recommendation of the NDRRMC.

(c) Of the amount appropriated for the NDRRM Fund, thirty percent (30%) shall be allocated as Quick
Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and
living conditions of people in communities or areas stricken by disasters, calamities, epidemics, or
complex emergencies, may be normalized as quickly as possible.

(d) All departments/agencies and LGUs that are allocated with DRRM fund shall submit to the
NDRRMC their monthly statements on the utilization of DRRM funds and make an accounting thereof
in accordance with existing accounting and auditing rules.

(e) All departments, bureaus, offices and agencies of the government are hereby authorized to use a
portion of their appropriations to implement projects designed to address DRRM activities in accordance
with the guidelines to be issued by the NDRRMC in coordination with the DBM.

Section 23. Funding of the OCD. - As lead agency to carry out the provisions of this Act, the OCD shall be
allocated a budget of One billion pesos (Php1,000,000,000.00) revolving fund starting from the effectivity of
this Act.

Section 24. Annual Report. - The National Council, through the OCD, shall submit to the Office of the
President, the Senate and the House of Representatives, within the first quarter of the succeeding year, an
annual report relating to the progress of the implementation of the NDRRMP.

Section 25. Implementing Rules and Regulations. - The NDRRMC. through its Chairperson. shall issue the
necessary rules and regulations for the effective implementation of this Act within ninety (90) days after
approval of this Act. The OCD. in consultation with key stakeholders. shall take the lead in the preparation of
the implementing rules and regulations with the active involvement of the technical management group of the
NDRRMC.

Section 26. Congressional Oversight Committee. - There is hereby created a Congressional Oversight
Committee to monitor and oversee the implementation of the provisions of this Act. The Committee shall be
composed of six (6) members from the Senate and six (6) members from the House of Representatives with the
Chairpersons of the Committees on National Defense and Security of both the Senate and the House of
Representatives as joint Chairpersons of this Committee. The five (5) other members from each Chamber are to
be designated by the Senate President and the Speaker of the House of Representatives. respectively. The
minority shall be entitled to pro rata represent3tion but shall have at least two (2) representatives from each
Chamber.

Section 27. Sunset Review. - Within five (5) years after the effectivity of this Act, or as the need arises, the
Congressional Oversight Committee shall conduct a sunset review. For purposes of this Act, the term "sunset
review" shall mean a systematic evaluation by the Congressional Oversight Committee of the accomplishments
and impact of this Act, as well as the performance and organizational structure of its implementing agencies, for
purposes of determining remedial legislation.

Section 28. Repealing Clause. - Presidential Decree No. 1566 and all other laws, decrees, executive orders,
proclamations and other executive issuance's which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.

Section 29. Separability Clause. - If any provision of this Act shall be held unconstitutional or invalid, the other
provisions not otherwise affected shall remain m full force and effect.

Section 30. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 3086 and House Bill No, 6985 was finally passed by the
Senate and the House of Representatives on February 1, 2010.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: May 27, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines
 Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10627]

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES

TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.

SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or repeated use by one
or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination
thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear
of physical or emotional harm or damage to his property; creating a hostile environment at school for the other
student; infringing on the rights of the other student at school; or materially and substantially disrupting the
education process or the orderly operation of a school; such as, but not limited to, the following:

a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking,
slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as
weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul
language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks,
clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic means.

SEC. 3. Adoption of Anti-Bullying Policies. – All elementary and secondary schools are hereby directed to
adopt policies to address the existence of bullying in their respective institutions. Such policies shall be
regularly updated and, at a minimum, shall include provisions which:

(a) Prohibit the following acts:

(1) Bullying on school grounds; property immediately adjacent to school grounds; at school-sponsored or
school-related activities, functions or programs whether on or off school grounds; at school bus stops; on school
buses or other vehicles owned, leased or used by a school; or through the use of technology or an electronic
device owned, leased or used by a school;

(2) Bullying at a location, activity, function or program that is not school-related and through the use of
technology or an electronic device that is not owned, leased or used by a school if the act or acts in question
create a hostile environment at school for the victim, infringe on the rights of the victim at school, or materially
and substantially disrupt the education process or the orderly operation of a school; and

(3) Retaliation against a person who reports bullying, who provides information during an investigation of
bullying, or who is a witness to or has reliable information about bullying;

(b) Identify the range of disciplinary administrative actions that may be taken against a perpetrator for bullying
or retaliation which shall be commensurate with the nature and gravity of the offense: Provided, That, in
addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be
required to undergo a rehabilitation program which shall be administered by the institution concerned. The
parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program;

(c) Establish clear procedures and strategies for:

(1) Reporting acts of bullying or retaliation;

(2) Responding promptly to and investigating reports of bullying or retaliation;

(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;

(4) Protecting from bullying or retaliation of a person who reports acts of bullying, provides information during
an investigation of bullying, or is witness to or has reliable information about an act of bullying; and

(5) Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family
members of said students;

(d) Enable students to anonymously report bullying or retaliation: Provided, however, That no disciplinary
administrative action shall be taken against a perpetrator solely on the basis of an anonymous report;

(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action;

(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the
mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;

(g) Educate parents and guardians about the dynamics of bullying, the anti-bullying policies of the school and
how parents and guardians can provide support and reinforce such policies at home; and

(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school:
Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential
and only made available to the school administration, teachers directly responsible for the said students and
parents or guardians of students who are or have been victims of acts of bullying or retaliation.

All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-
bullying policies being adopted by the school. Such policies shall likewise be included in the school’s student
and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any.

The Department of Education (DepED) shall include in its training programs, courses or activities which shall
provide opportunities for school administrators, teachers and other employees to develop their knowledge and
skills in preventing or responding to any bullying act.

SEC. 4. Mechanisms to Address Bullying. – The school principal or any person who holds a comparable role
shall be responsible for the implementation and oversight of policies intended to address bullying.

Any member of the school administration, student, parent or volunteer shall immediately report any instance of
bullying or act of retaliation witnessed, or that has come to one’s attention, to the school principal or school
officer or person so designated by the principal to handle such issues, or both. Upon receipt of such a report, the
school principal or the designated school officer or person shall promptly investigate. If it is determined that
bullying or retaliation has occurred, the school principal or the designated school officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes that criminal charges under
the Revised Penal Code may be pursued against the perpetrator;

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to prevent any further acts of
bullying or retaliation.

If an incident of bullying or retaliation involves students from more than one school, the school first informed
of the bullying or retaliation shall promptly notify the appropriate administrator of the other school so that both
may take appropriate action.

SEC. 5. Reporting Requirement. – All schools shall inform their respective schools division superintendents in
writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act. Such
notification shall likewise be an administrative requirement prior to the operation of new schools.
Beginning with the school year after the effectivity of this Act, and every first week of the start of the school
year thereafter, schools shall submit a report to their respective schools division superintendents all relevant
information and statistics on acts of bullying or retaliation. The schools division superintendents shall compile
these data and report the same to the Secretary of the DepED who shall likewise formally transmit a
comprehensive report to the Committee on Basic Education of both the House of Representatives and the
Senate.

SEC. 6. Sanction for Noncompliance. – In the rules and regulations to be implemented pursuant to this Act, the
Secretary of the DepED shall prescribe the appropriate administrative sanctions on school administrators who
shall fail to comply with the requirements under this Act. In addition thereto, erring private schools shall
likewise suffer the penalty of suspension of their permits to operate.

SEC. 7. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act, the
DepED shall promulgate the necessary rules and regulations to implement the provisions of this Act.

SEC. 8. Separability Clause. – If, for any reason, any provision of this Act is declared to be unconstitutional or
invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force
or effect.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof which are
inconsistent with or contrary to the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 10. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.

Approved,

(Sgd.) JINGGOY EJERCITO ESTRADA (Sgd.) FELICIANO BELMONTE JR.

Acting Senate President Speaker of the House
of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives
and the Senate on June 5, 2013.

(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP

Secretary of the Senate Secretary General
House of Representatives

Approved: SEP 12 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines