Republic of the Philippines

Region XII
Province of Sultan Kudarat
Municipality of Lebak
BARANGAY CAPILAN
=O=

ORDINANCE NO.
AN ORDINANCE IMPLEMENTING FORCED EVACUATION AS A RESORT WHEN A
DISASTER OR EMERGENCY HAS BEEN DECLARED IN THE BARANGAY AND
DANGER OF LOSS OF LIVES BECOMES IMMINENT PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES.
WHEREAS, it has been a national policy under Section 2 (a) of R.A. 10121,
otherwise known as the “Philippine Disaster Risk Reduction and Management Act of
2010” to uphold the people’s constitutional rights to life and property by addressing the
root causes of 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;
WHEREAS, Section 16 of R.A. 7160 otherwise known as “The Local
Government Code of 1991”, under General Welfare Clause provisions hereby
authorized the Local government Units (LGU’s), to “xxx exercise the powers necessary,
appropriate, or incidental for its efficient and effective governance and those which are
essential to the promotion of the general welfare”;
WHEREAS, Punong Barangays (Section 389b6), Municipal Mayors (Section
444bviii), City Mayors (Section 455bv99), and Governors (Section 465bvii are all
mandated under the Local Government Code of 1991 to carry such emergency
measures as may be necessary during and in the after-math of manmade and natural
disasters and calamities;
WHEREAS, the LGU’s, through their local Sanggunians, are enjoined under
DILG Memorandum Circular No. 2012-35 dated 21 February, 2012 to cause the
enactment of local ordinances for the implementation of forced evacuation as a resort
when a disaster or emergency has been declared and danger of loss of lives is
imminent within their areas or jurisdiction;
WHEREAS, the Barangay Government of Capilan is highly concerned with and
committed of protecting the lives of its residents at all times and mitigating the effects of
man-made and natural disasters;
NOW THEREFORE, be it ordained by the Sangguniang Barangay of Capilan
that:
SECTION 1. TITLE. This ordinance shall be known as “AN ORDINANCE
IMPLEMENTING FORCED EVACUATION AS A RESORT WHEN A DISASTER OR
EMERGENCY HAS BEEN DECLARED IN THE CITY AND DANGER OF LOSS OF
LIVES BECOMES IMMINENT, PROVIDING PENALTIES THEREFOR AND FOR
OTHER PURPOSES”.
SECTION 2. DECLARATION OF POLICY. It is the declared policy of the
barangay Capilan to protect the lives of its residents at all times and whenever possible
mitigates the effects of man-made and natural disasters within the locality.
SECTION 3. DEFINITION OF TERMS. As used in this Ordinance, the following
terms shall be considered:
a. Disaster - means the result of a natural and man-made event which causes
loss of life, injury and property damage, including but not limited to natural disasters
such as typhoon, tornado, storm, flood, high winds and other weather disturbances
related events, and man-made disasters, including but not limited to nuclear power
plants incidents, hazardous materials incident, oil spills, explosion, civil disturbances,
acts of terrorisms, hostile military action and other events related thereto
 b. Imminent Danger - means an immediate threat of harm;
c. Evacuation - means of operation whereby all or part of a particular population
is temporarily relocated, whether individually or in organized manner, from an area in
which a disaster or emergency has been declared and is considered dangerous for
health or safety of the public;
d. Forced Evacuation - means an evacuation ordered as a resort when a
disaster or emergency has been declared and danger of loss of life is imminent, and
conditions exist that critically imperil or endanger the lives of those in a defined area;
SECTION 4. TRAINING AND ORIENTATION ON DISASTER RISK
REDUCTION AND MANAGEMENT. The Municipal Disaster Risk Reduction and
Management Office (MDRRMO) shall organize and conduct training and orientation on
the possible natural hazards, vulnerabilities and climate change risks as well as
knowledge management activities on disaster risk reduction and management within the
locality at least once during summer as declared by the Philippine Atmospheric
Geophysical and Astronomical Services Administration (PAGASA).
The foregoing trainings, orientations, activities and information dissemination
shall be intensified and made every March of the year at the onset of the rainy season
as declared by the PAGASA.
During the aforesaid training and orientation, the MDRRMO shall also discuss
and highlights (local Dialect) R.A. 10121, otherwise known as “The Philippine Disaster
Risk Reduction and Management in Ensuring the Public Safety during Man-made and
Natural Disasters”, this ordinance and other laws, rules and regulations on disaster risk
reduction and management.
The MDRRMO is also encouraged to conceptualize posters, newsletters,
brochures and pamphlets regarding disaster risk reduction and management and cause
the same to be posted at the conspicuous places of the City and/or if possible
disseminate through radio and TV advertisements.
SECTION 5. IMPLEMENTATION OF FORCED EVACUATION OR PRE-
EMPTIVE EVACUATION. Upon recommendation of the MDRRMC, the Municipal
Mayor may, in coordination with Barangay Disaster Risk Reduction and Management
Council, direct the implementation of pre-emptive or forced evacuation in case of
disaster and calamity;
In the event of the disaster wherein communication is inaccessible, the Punong
Barangay, being the Chairman of the BDRRMC, upon recommendation of the
BDRRMC, and after assessment of the situation, may need to undertake the pre-
emptive or forced evacuation to ensure the safety of the residents against imminent
danger, provided that the Punong Barangay shall immediately inform the MDRRMC
Chairman through fastest means.
SECTION 7. CONSIDERATIONS IN THE IMPLEMENTATION OF FORCED OR
PRE-EMPTIVE EVACUATION. The rules to be observed in the implementation of pre-
emptive or forced evacuation but not limited thereon are as follows:
a. Evacuation centers such as places where the evacuated residents or
individuals will be temporarily taken will be at the Evacuation Center , covered
gymnasium, public schools, barangay halls, or such other places as the BDRRM may
deem it fit;
b. The BDRRM shall cause the designation of areas for vehicles that will
transport affected residents/persons;
c. The members of the PNP, PA, AFP and BFP assigned within the Municipal
may be enlisted by the Punong Barangay and Municipal Mayor to provide assistance to
affected areas. All emergency measures adopted shall be coordinated and collaborative
effort between the Barangay, Municipal Government, PA, BFP, AFP and PNP units.
 d. The MDRRMO in coordination with the BDRRMC as well as the members of
the mobilized units of PNP, AFP, PA and BFP shall ensure strict enforcement of
evacuation or the prohibition of fishing activities in areas declared by PAG-ASA under
PSWS No. 1 or higher, such as when a resident/fisherman refused to leave the area
despite declaration by the local chief executive of forced evacuation, or when
residents/fisherman go back to their homes/affected areas without an order issued to
this effect.
e. Forced evacuation should be carried out in a manner that is humane,
respectful of the dignity of persons, not using disproportionate force, without
discrimination and with conscious attention to the needs of vulnerable sectors such as
children, women, the elderly and person with disabilities;
f. Responders must inform the evacuees in a manner and language that they can
understand, of the need for the evacuation and explain to them that there is no other
alternative for their safety, and the place where they will be taken and for how long;
g. In the event that an Emergency Evacuation Center shall be needed to lessen
the risk of transporting evacuees, the Punong Barangay is empowered to convert any
private vacant lot or building for this purpose in case the owner refuses to allow the use
only for the duration of the evacuation.
h. The Punong Barangay, upon recommendation of MDRRMC, may determine
the period when the affected residents or individuals may be allowed to return or go
back to their homes, if this is still possible.
SECTION 8. PENALTY CLAUSE. Any person found violating any of the
provisions of this Ordinance shall be penalized as follows:
a.) First Offense – A fine of not less than Five Hundred (P500.00) Pesos but not
more than One Thousand (P1,000.00) or an imprisonment of not less than seven (7)
days but not more than one (1) month or both at the discretion of the court.
b.) Second Offense - A fine of not more than Three Thousand (P3,000.00) Pesos
or an imprisonment of not more than three (3) months or both at the discretion of the
court.
c.) Third and Succeeding Offense - A fine of not more than Five Thousand
(P5,000.00) Pesos or an imprisonment of not more than one (1) year or both at the
discretion of the court.
SECTION 9. REPEALING CLAUSE. Any Ordinance order, memorandum, rules
and regulations which is inconsistent with the provision of this Ordinance is hereby
modified or repealed accordingly.
SECTION 10. EFFECTIVITY. This Ordinance shall take effect Ten (10) days
after posting and publication as required under Sec. 511 of R.A. 7160.
APPROVED BY UNANIMOUS VOTE OF ALL THE MEMBERS PRESENT.
Enacted by the Sangguniang Barangay on its regular session dated November
4, 2021.
I HEREBY CERTIFY to the correctness of the foregoing ordinance.

IRISMAE C. SOBREVEGA
Barangay Secretary

ATTESTED AND CERTIFIED TO BE ENACTED:

ROBERTO V. HORTILLANO
Punong Barangay