PCPT JOSHUA O ABOGA JANUARY 24,

2021
PSOAC CL 11-2020

1. In this scenario, are there any legal or regulatory sanctions that can be
charged against the Local Chief Executive? If yes, identify these legal
bases.

Yes, based on the scenario given, there are legal sanctions that can be
charged against Local Chief Executive under Section 19 sub para (a) of
Republic Act No. 10121 otherwise known as the Disaster Risk Reduction
and Management Act of 2010 which states that “Dereliction of duties
which leads to destruction, loss of lives, critical damage of facilities
and misuse of funds”. Moreover, the local chief Executives also failed to
accomplish its mandate which is to “Formulate and implement policies,
plans, programs and projects to meet national and local emergencies
arising from natural and man-made disasters” under BOOK IV Title XII
Chapter 1 section 3 sub para (5) of ADMINISTRATIVE CODE OF 1987
(Executive Order no. (292). The Local Chief Executive is of head of the
Local Disaster Risk Reduction and Management Council and directly
controls their DRRM Office. However, in this case, the mayor is on
personal leave. According to section 46 sub para (a) of The Local
Government Code of the Philippines, when the governor, city or
municipal Mayor, or Punong Barangay is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not limited to,
leave of absence, travel abroad, and suspension from office, the vice-
governor, city or municipal vice-mayor, or the highest ranking
Sangguniang Barangay member shall automatically exercise the powers
and perform the duties and functions of the local chief executive
concerned, except the power to appoint, suspend, or dismiss employees
which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days. If the leave of absence of the mayor is approved
by the President or his duly authorized representative, the vice mayor shall
temporarily assume as the acting mayor of the said city/municipality. It
means that in this case, the vice mayor carries all the duties and
responsibilities of the local chief executive.
 Offenders who commits any of the prohibited acts provided for in
Section 19 of Republic act no. 10121 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 its
prohibited acts. However, the prosecution for offenses set forth in Section
19 of Republic Act 10121 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.

Under the Local Government Code, an elective local official may be

disciplined, suspended, or removed from office for gross negligence,
dereliction of duty, or misconduct in office depending on the violations or
crimes committed.

2. Is the guidance of the NDRRMC sufficient enough to ensure safety? If

not, what could have been done to improve on this?

No, Guidelines is not sufficient enough to ensure safety even though

the National Disaster Risk Reduction and Management Council have
released several bulletins, warnings and advisories for the Local Disaster
Risk Reduction and Management Councils and these were duly received
by said targeted receivers. Guidance has a big difference with directives.
They don’t supplement their guidance with directives that indicates how to
perform an action or reach a goal to the Local Disaster Risk Reduction and
Management.
 Consequently, it was not taken seriously by the Local Government Unit to
conform with the guidance of the National Disaster Risk Reduction
Management Council. Moreover, there were no designated Local Disaster
Risk Reduction Management Officer and all members of the city/municipal
council did not have an initiative to address the super typhoon. As a result,
thousands of people died because of a strong storm surge. Evacuation
centers are full of people and physical distancing measures are not
observed. Responders are overwhelmed with the degree of effects by the
weather disturbance. Food and non-food items are scarce. Chaos ensues.
Further, knowing that a super typhoon will landfall to the area with Tropical
Cyclone Wind Signal Number 5, the NDDRMC should monitor the status
of the LGU if they are prepared or not for the incoming typhoon. If they
found out that the LGU are not prepared, they should provide a person in
their office to assist the LGU in addressing their problems for the incoming
typhoon.

3. Based on the scenario, what are the immediate needs of the affected
population and how do you plan to acquire these needs?

Based on the scenario, the local chief executive did not comply with the
guidance given by the NDRRMC. It is expected that they do not have any
contingency plan for the typhoon. Basically, the most immediate needs of the
populations affected by the typhoon are the support on relief supplies (Food,
Clothes, Shelter, medicine and etc.) and rescue efforts. Through the
assistance of the NDRRMO and other neighboring cities/municipalities,
NGOs, other government agencies, donations from private individuals for the
basic needs of the people will be provided temporarily. Transportation assets,
air and marine assets, and shipping services to support the delivery and
distribution of relief supplies should be available. Roads going to the affected
location should be cleared to be able to deliver the relief supplies. In addition,
other than the donations, the government faces an immediate need to provide
fiscal resources to support the reconstruction of critical infrastructure such as
power and water over vast, urban/rural areas. Access to communication is
likewise extremely needed to be able for the communities to support one
 another and share resources. If the government will not pay attention to these
needs, it will create chaos in the area just like what happen in Tacloban during
the typhoon “Yolanda”. Government damage estimates are incomplete and
preliminary during this time. Therefore, damage assessment will only seek to
identify the primary areas of exposure and to provide a discussion of the
potential fiscal costs to the government.

In successfully providing the initial needs of the affected population,

there are still problems to address in the affected area such as Destroyed
homes and structures, Displaced population, infrastructures and agricultural
lands if any.

4. If you are the Chief of Police in this local government unit, as a member
of the local disaster risk reduction and management council, what way
forward plan do you foresee to prevent the same scenario from
happening again.

As the Chief of Police in the said City/Municipality my actions as a

member of the local disaster risk reduction and management council
would be the following:

a. I will ask the mayor and its members to convene a meeting to formulate
a contingency plan, response plans and we will also discuss about all
the resources that we will need to address incoming calamities and
disasters.

b. LDRRMC should conduct Pre-Disaster Risk Assessment in the area for

accurate planning.

c. Being a member of the local risk reduction management council, we

will also prepare responders and transportation assets before the
problem arises. I will also coordinate with other concerned government
agencies to do the same.

d. Coordinate with private sectors and other government agencies that

may assist the LDRRMC in providing pre-emptive evacuation to
population affected by flood, landslide, and storm surge prone areas. In
addition, to also aid the said council in prepositioning the stockpile of
food and non-food items.

e. Conduct Police-Community Relation activities such Tarpaulin hanging,

Pulong-pulong, Distribution of flyers, bulletins, radio interviews,
warnings and advisories to inform the community and be aware of the
 situation. Moreover, in doing these activities, we will utilize the quad
media (Television, Newspaper, Social Media, and Radio).

f. I will make sure that all SOPs with regards to Disaster Risk Reduction
Management will be implemented in our part.

g. I will also try to liaise or consult with the Incident Management team of
the DRRMC in case of emergencies to properly address the situation.

h. I will also ask the mayor for the equipment that we will need for rescue
operations so that all the things we need are in place in order to save
lives.

i. Before these things be made possible. I will advice all my men to

secure and remind their family members in the area for the incoming
typhoon in order to perform their duties and responsibilities smoothly
and properly.

SOURCES:

1. https://www.officialgazette.gov.ph
2. https://www.Lawphil.net
3. https://dilg.gov.ph