Gregorio Miguel Pallugna
THE recent flood that inundated a huge part of the city on Monday, Jan. 16, 2017, reminded us of the very saddening event that happened exactly six years and a month ago when typhoon Sendong shocked Cagayan de Oro before Christmas day. The marriage of the LPA and the tail-end of a cold front evoked similar feelings of panic and fear among the people. Fortunately, this time around it did not end as badly as it did in 2011. Nevertheless, the catastrophe was so overwhelming that it forced the City Council to convene at 1:00 o’clock in the morning to declare a “State of Calamity.” We hear of this declaration every so often yet most of us still do not understand what the declaration means and what we actually get from it.
The power of the President or the local sanggunian to declare a State of Calamity comes from Republic Act 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management Act of 2010.” According to the law, a state of calamity is “a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard.” Because the declaration is premised upon the existence of casualties and damages, the law requires that there must first be a recommendation of the NDRRMC or the LDRRMC which is required to make the assessment aside from ensuring that the public is duly informed of any impending calamities and instituting mechanisms that will reduce the risk of casualties and damages in cases of calamities as well as in organizing relief and rescue operations during the event itself. Whether the NDRRMC or LDRRMC is doing its job well is a matter that deserves another column altogether. The question now is what happens when a declaration of state of calamity is made?
Foremost, the declaration allows the appropriation and release of calamity funds. The Local Government Code allows the enactment of a supplemental budget in times of public calamity by way of budgetary realignment for the purchase of supplies and materials or the payment of services which are exceptionally urgent or indispensable to prevent imminent danger to or loss of life or property. Considering that the Sangguniang Panglunsod of Cagayan de Oro has already declared a state of calamity, we can expect a supplemental budget to be passed in the near future to cover the necessary expenses for the rehabilitation of the city and to grant relief to affected residents. This will usher in a field day for those who are interested in and are still looking into the city budget that has been recently passed by the sanggunian. It must be noted also that the same Code requires that five percent of the estimated revenue from regular sources of the local government shall be set aside as annual lump sum appropriations for relief, rehabilitation, reconstruction and other works or services in connection with calamities which may occur during the budget year. This fund can be used only upon the declaration of a state of calamity. Oh what a field day indeed!
Other benefits of the declaration, as provided in R.A. 10121 include: (a) the 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.
Also, donations and humanitarian aid coming from abroad shall be free from customs duties, whenever there is a declaration of a state of calamity. This is pursuant to Section 105 of the Tariff and Customs Code in relation to RA 10121. This encourages more aid from individuals and entities from other countries who wish to send in help for the affected areas.
Finally, if you are a public health worker in hospitals, sanitaria, rural health units, health centers, barangay health stations, clinics and other health related establishments, the declaration of a state of calamity may be beneficial to you. Under the Magna Carta of Public Health Workers, you may be compensated with hazard allowance of up to 25 percent of your basic monthly salary. You may want to check on this with the local head of the Department of Health.
The declaration of a State of Calamity may seem to many of us as a mere label to give emphasis to a very disturbing and sorrowful event, but it is actually more than that. It entails the facilitation of delivering relief and aid to an area affected by an unexpected disaster, and more particularly it entails huge amounts of funds. If used properly, it is a very helpful tool. On the contrary, it can also be abused. As we should be vigilant for possible calamities that may come - God forbid, let us also be vigilant in ensuring that the benefits envisioned in allowing the declaration of a state of calamity actually go to those who desperately need them.
(Gregorio Miguel H. Pallugna is a lawyer based in Cagayan de Oro.)
