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Disaster Nursing - Laws

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Philippine Laws Disaster Nursing

Republic Act No. 10121 (DRRMO) in every province, city and municipality,
Philippine Disaster Risk Reduction and Management and a Barangay Disaster Risk Reduction and
Act of 2010 Management Committee (BDRRMC) in every
 An act strengthening the Philippine Disaster Risk barangay.
Reduction and Management System, providing for  The Strategic National Action Plan on Disaster
the National Disaster Risk Reduction and Risk Reduction for 2009-2019 aims to enhance the
Management Framework and Institutionalizing the capacities of Local Disaster Risk Reduction and
National Disaster Risk Reduction and Management Management Councils.
Plan, appropriating funds therefore and for other
 Finally, RA10121 provides for the calamity fund to
purposes.
be used in support of disaster risk reduction or
 The Act shifted the policy environment and the way mitigation, prevention, and preparedness activities
the country deals with disasters from mere response for the potential occurrence of disasters and not just
to preparedness. RA 10121 provides a for response, relief, and rehabilitation efforts.
comprehensive, all-hazard, multi-sectoral, inter-
agency, and community-based approach to disaster Declaration of Policy. – It shall be the policy of the
risk management through the formulation of the State to:
National Disaster Risk Management Framework. a) Uphold the people’s constitutional rights to life
 A National Disaster Risk Management Plan and property by addressing the root causes of
(NDRMP) is being formulated, developed, and vulnerabilities to disasters, strengthening the
implemented as the master plan that will provide country’s institutional capacity for disaster risk
the strategies, organisation, tasks of concerned reduction and management and building the
agencies and local government units, and other resilience of local communities to disasters
guidelines in dealing with disasters or emergencies. including climate change impacts;
Through this plan, a coherent, integrated, efficient, b) Adhere to and adopt the universal norms,
and responsive disaster risk management at all principles and standards of humanitarian
levels will hopefully be achieved. assistance and the global effort on risk reduction
 The law also promotes the development of as concrete expression of the country’s
capacities in disaster management at the individual, commitment to overcome human sufferings due
organisational, and institutional levels. A very to recurring disasters;
important feature of this law is its call for the c) Incorporate internationally accepted principles of
mainstreaming of disaster risk reduction in physical disaster risk management in the creation and
and land-use planning, budget, infrastructure, implementation of national, regional and local
education, health, environment, housing, and other sustainable development and poverty reduction
sectors. strategies, policies, plans and budgets;
 RA 10121 also recognises local risk patterns and d) Adopt a disaster risk reduction and management
trends and decentralisation of resources and approach that is holistic, comprehensive,
responsibilities and thus encourages the integrated, and proactive in lessening the
participation of NGOs, private sectors, community- socioeconomic and environmental impacts of
based organisations, and community members in disasters including climate change, and promote
disaster management. It inhibits the full the involvement and participation of all sectors
participation of the Local Government Units and all stakeholders concerned, at all levels,
(LGUs) and communities in governance. The especially the local community;
approach tends to be 'response-oriented' or e) Develop, promote, and implement a
'reactive.' This is evidenced by the widespread comprehensive National Disaster Risk Reduction
emphasis on post-disaster relief and short-term and Management Plan (NDRRMP) that aims to
preparedness, such as forecasting and evacuation, strengthen the capacity of the national
rather than on mitigation and post- disaster support government and the local government units
for economic recovery. (LGUs), together with partner stakeholders, to
 Moreover, the Act mandates the establishment of a build the disaster resilience of communities, and’
Disaster Risk Reduction and Management Office to institutionalize arrangements and measures for
reducing disaster risks, including projected vulnerable and marginalized groups to mitigate,
climate risks, and enhancing disaster preparedness prepare for, respond to, and recover from the
and response capabilities at all levels; effects of disasters;
f) Adopt and implement a coherent, comprehensive, o) Enhance and implement a program where
integrated, efficient and responsive disaster risk humanitarian aid workers, communities, health
reduction program incorporated in the professionals, government aid agencies, donors,
development plan at various levels of government and the media are educated and trained on how
adhering to the principles of good governance they can actively support breastfeeding before and
such as transparency and accountability within the during a disaster and/or an emergency; and
context of poverty alleviation and environmental p) Provide maximum care, assistance and services to
protection; individuals and families affected by disaster,
g) Mainstream disaster risk reduction and climate implement emergency rehabilitation projects to
change in development processes such as policy lessen the impact of disaster, and facilitate
formulation, socioeconomic development resumption of normal social and economic
planning, budgeting, and governance, particularly activities.
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
Republic Act No. 10344
resources at the regional and local levels; Risk Reduction and Preparedness Equipment
l) Recognize and strengthen the capacities of LGUs Protection Act
and communities in mitigating and preparing for,  An act penalizing the unauthorized taking,
responding to, and recovering from the impact of stealing, keeping or tampering of government risk
disasters; reduction and preparedness equipment,
m) Engage the participation of civil society accessories, and similar facilities
organizations (CSOs), the private sector and
Declaration of Policy. – It is the policy of the State to
volunteers in the government’s disaster risk
protect the right of the people to a balanced and
reduction programs towards complementation of
healthful ecology in accord with the rhythm and
resources and effective delivery of services to the
harmony of nature. The State shall continue the policy
Citizenry;
to create, develop, maintain and improve conditions
n) Develop and strengthen the capacities of
Philippine Laws Disaster Nursing
under which man and nature can thrive in productive and the minimum standards for children in
and enjoyable harmony with each other. Towards this humanitarian action, the State shall establish and
end, all government agencies are mandated to institute implement a comprehensive and strategic program of
measures to ensure the safety of its citizens and their action to provide the children and pregnant and
properties through the installation of data and lactating mothers affected by disasters and other
information gathering devices and the network of emergency situations with utmost support and
national and local authorities to disseminate risk assistance necessary for their immediate recovery and
reduction warning and advice. protection against all forms of violence, cruelty,
discrimination, neglect, abuse, exploitation and other
List of Government Risk Reduction and acts prejudicial to their interest, survival, development
Preparedness Equipment and Other Vital Facility and well-being.
Items:
a. The Department of Science and Technology Comprehensive Emergency Program for Children.
(DOST) - The Department of Social Welfare and Development
b. Philippine Atmospheric, Geophysical and (DSWD) shall formulate a Comprehensive Emergency
Astronomical Services Administration Program for Children, hereinafter referred to as the
(PAGASA) Program, taking into consideration humanitarian
c. Philippine Institute of Volcanology and standards for their protection. The Program shall be
Seismology (PHIVOLCS) used as the basis for handling disasters and other
d. National Disaster Risk Reduction and emergency situations to protect children, pregnant and
Management Council (NDRRMC) lactating mothers, and support their immediate
recovery. This shall be implemented immediately after
Prohibited Acts: the declaration of a national or local state of calamity
a. Steal, or take, or possess any of the equipment, or or occurrence of any other emergency situation.
any part thereof; The DSWD shall engage all relevant government
b. Sell or buy stolen equipment or any part thereof: agencies and stakeholders for the implementation of
c. Tamper, dismantle, or disassemble equipment or the Program. Local government units (LGUs) shall
any part thereof; integrate the same in their development and Local
d. Attempt to commit any of the abovementioned Disaster Risk Reduction and Management (LDRRM)
prohibited acts; and plans and budget.
e. Benefit from the proceeds or fruits of any of the Republic Act No. 8749
abovementioned prohibited acts knowing that the Philippine Clean Air Act of 1999
proceeds or fruits are derived from the  An act providing for a comprehensive air
commission of said prohibited acts. pollution control policy and for other purposes.

Republic Act No. 10821 Declaration of Principles:


Children’s Emergency Relief and Protection Act  The State shall promote and protect the global
 An act mandating the provision of emergency environment to attain sustainable development
relief and protection for children before, during, while recognizing the primary responsibility of
and after disasters and other emergency situations. local government units to deal with environmental
Declaration of Policy. – It is hereby declared the problems.
policy of the State to protect the fundamental rights of  The State recognizes that the responsibility of
children before, during, and after disasters and other cleaning the habitat and environment is primarily
emergency situations when children are gravely area-based.
threatened or endangered by circumstances that affect  The State also recognizes the principle that
their survival and normal development. Guided by the "polluters must pay".
principles on survival and development, on child  Finally, the State recognizes that a clean and
participation, and consistent with the United Nations healthy environment is for the good of all and
Convention on the Rights of the Child, as well as the should, therefore, be the concern of all.
Children’s Charter for Disaster Risk and Reduction,
Declaration of Policies. – The State shall pursue a undertaking or project and to be served timely
policy of balancing development and environmental notice of any significant rise in the level of
Protection. It shall be the policy of the state to: pollution and the accidental or deliberate release
a. Formulate a holistic national program of air into the atmosphere of harmful or hazardous
pollution management that shall be implemented substances;
by the government through proper delegation
and effective coordination of functions and f. The right of access to public records which a
activities; citizen may need to exercise his or her rights
effectively under this Act;
b. Encourage cooperation and self-regulation
among citizens and industries through the g. The right to bring action in court or quasi-judicial
application of market-based instruments; bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the
c. Focus primarily on pollution prevention rather rehabilitation and cleanup of affected area, and to
than on control and provide for a comprehensive seek the imposition of penal sanctions against
management program for air pollution; violators of environmental laws; and

d. Promote public information and education and h. The right to bring action in court for
to encourage the participation of an informed compensation of personal damages resulting from
and active public in air quality planning and the adverse environmental and public health
monitoring; and impact of a project or activity.

e. Formulate and enforce a system of


accountability for short and long-term adverse
environmental impact of a project, program or
activity. This shall include the setting up of a
funding or guarantee mechanism for clean-up
and environmental rehabilitation and
compensation for personal damages.
Recognition of Rights. - Pursuant to the above-
Republic Act No. 9211
declared principles, the following rights of citizens are
Tobacco Regulation Act of 2003
hereby sought to be recognized and the State shall seek
 An act regulating the packaging, use, sale,
to guarantee their enjoyment: distribution and advertisements of Tobacco
a. The right to breathe clean air; products and the other purposes.

Policy. - It is the policy of the State to protect the


b. The right to utilize and enjoy all natural resources
populace from hazardous products and promote the
according to the principles of sustainable right to health and instill health consciousness among
development; them. It is also the policy of the State, consistent with
the Constitutional ideal to promote the general welfare,
c. The right to participate in the formulation, to safeguard the interests of the workers and other
planning, implementation and monitoring of stakeholders in the tobacco industry. For these
environmental policies and programs and in the purposes, the government shall institute a balanced
decision-making process; policy whereby the use, sale and advertisements of
tobacco products shall be regulated in order to promote
d. The right to participate in the decision-making a healthful environment and protect the citizens from
the hazards of tobacco smoke, and at the same time
process concerning development policies, plans
ensure that the interests of tobacco farmers, growers,
and programs projects or activities that may have workers and stakeholders are not adversely
adverse impact on the environment and public compromised.
health;
Purpose:
e. The right to be informed of the nature and extent a. Promote a healthful environment;
of the potential hazard of any activity,
b. Inform the public of the health risks associated
Philippine Laws Disaster Nursing
with cigarette smoking and tobacco use; a. To keep an inventory of chemicals that are
presently being imported, manufactured, or used,
c. Regulate and subsequently ban all tobacco
indicating, among others, their existing and
advertisements and sponsorships;
possible uses, test data, names of firms
d. Regulate the labeling of tobacco products; manufacturing or using them, and such other
information as may be considered relevant to the
e. Protect the youth from being initiated to
cigarette smoking and tobacco use by protection of health and the environment;
prohibiting the sale of tobacco products to
minors; b. To monitor and regulate the importation,
manufacture, processing, handling, storage,
f. Assist and encourage Filipino tobacco farmers transportation, sale, distribution, use and disposal
to cultivate alternative agricultural crops to
of chemical substances and mixtures that present
prevent economic dislocation; and
unreasonable risk or injury to health or to the
g. Create an Inter-Agency Committee on environment in accordance with national policies
Tobacco (IAC-Tobacco) to oversee the and international commitments;
implementation of the provisions of this Act.
c. To inform and educate the populace regarding the
hazards and risks attendant to the manufacture,
handling, storage, transportation, processing,
distribution, use and disposal of toxic chemicals
and other substances and mixtures; and

d. To prevent the entry, even in transit, as well as the


keeping or storage and disposal of hazardous and
Republic Act No. 6969 nuclear wastes into the country for whatever
Toxic Substances and Hazardous and Nuclear Wastes purpose.
Control Act of 1990
 An act to control toxic substances and hazardous Republic Act No. 9003
and nuclear wastes, providing penalties for Ecological Solid Waste Management Act of 2000
violating thereof, and for other purposes.  An act providing for an ecological solid waste
management program, creating the necessary
Declaration of Policy. - It is the policy of the State to institutional mechanisms and incentives, declaring
regulate, restrict or prohibit the importation, certain acts prohibited and providing penalties,
manufacture, processing, sale, distribution, use and appropriating funds therefor, and for other
disposal of chemical substances and mixtures that purposes.
present unreasonable risk and/or injury to health or the
Declaration of Policy. - It is hereby declared the
environment; to prohibit the entry, even in transit, of
policy of the state to adopt a systematic,
hazardous and nuclear wastes and their disposal into
comprehensive and ecological solid waste
the Philippine territorial limits for whatever purpose;
management program which shall:
and to provide advancement and facilitate research and
studies on toxic chemicals. a. Ensure the protection of public health and
environment;
Scope. - This Act shall cover the importation,
manufacture, processing, handling, storage, b. Utilize environmentally-sound methods that
transportation, sale, distribution, use and disposal of all maximize the utilization of valuable resources and
unregulated chemical substances and mixtures in the encourage resource conservation and recovery;
Philippines, including the entry, even in transit, as well
c. Set guidelines and targets for solid waste
as the keeping or storage and disposal of hazardous avoidance and volume reduction through source
and nuclear wastes into the country for whatever reduction and waste minimization measures,
purpose. including composting, recycling, re-use, recovery,
green charcoal process, and others, before
Objectives: collection, treatment and disposal in appropriate
and environmentally sound solid waste
management facilities in accordance with
ecologically sustainable development principles;

d. Ensure the proper segregation, collection,


transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the
best environmental practice in ecological waste
management excluding incineration;

e. Promote national research and development


programs for improved solid waste management
and resource conservation techniques, more
effective institutional arrangement and indigenous
and improved methods of waste reduction,
collection, separation and recovery;

f. Encourage greater private sector participation in


solid waste management;

g. Retain primary enforcement and responsibility of


solid waste management with local government
units while establishing a cooperative effort
among the national government, other local
government units, non-government organizations,
and the private sector;

h. Encourage cooperation and self-regulation among


waste generators through the application of
market-based instruments;

i. Institutionalize public participation in the


development and implementation of national and
local integrated, comprehensive and ecological
waste management programs; and

j. Strengthen the integration of ecological solid


waste management and resource conservation and
recovery topics into the academic curricula of
formal and non-formal education in order to
promote environmental awareness and action
among the citizenry.

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