as declared by Proclamation No. 303,
s. 2011 | Official Gazette of the Republic of the Philippines
"x x x.
On December 20, 2011, President Benigno S. Aquino III, through
Proclamation No. 303, declared a State of National Calamity
due to the devastation caused by Tropical Storm Sendong in
Regions VII, IX, X, XI, and the CARAGA.
It is common practice for the local government in a disaster-stricken
area to declare its own “State of Calamity.” Recently, the local
government of Negros Oriental declared Dumaguete City and Valencia
under a State of Calamity (December 18, 2011) after the onslaught of
Sendong. The Philippines was last put under a State of “National
Calamity” through Proclamation 1898[1] on October 2, 2009 after
the onslaught of Typhoon Ondoy and during the rage of Typhoon
Pepeng. According to a spokesperson of then President Arroyo, the
purpose of the declaration was to make the calamity funds available
for the local governments and control the prices of basic commodities.
I. Definition
Section 3 of RA 10121, known as the “Philippine Disaster Risk
Reduction and Management Act of 2010,” defines a State of
Calamity as “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.”
II. Declaration
- RA 10121, 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.” If a State of Calamity is declared by the
- National Government the following will be implemented:
- appropriation for calamity funds; Price freeze for basic necessities;[2]
- and the granting of no-interest loans. If declared by a Local Government,
- this will be limited to the appropriation for calamity funds.
- A State of National Calamity when declared will remain until lifted by
- the President.
III. Effects
Regions VII,IX,X,XI, and CARAGA (as per Proc. No. 303)
- RA 7581, Section 6(1): “Price freeze for basic necessities
- is implemented for 60 days unless lifted. …. Prices of basic necessities
- in areas under a state of calamity shall automatically be frozen at
- their prevailing prices or placed under automatic price control whenever.”
- RA 10121 Section 17(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.”
- RA 10121 Section 17(b): “Monitoring, prevention and control
- by the Local Price Coordination Council of overpricing/profiteering
- and hoarding of prime commodities, medicines and petroleum products.”
B. Granting of no-interest Loans
- RA 10121 Section 17(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.”
C. Appropriation for Calamity Funds
- RA 10121 Section 17(c): “Programming/reprogramming of funds
- for the repair and safety upgrading of public infrastructures and facilities.”
- RA 7160 – “Automatic appropriation is available for unforeseen
- expenditures arising from the occurrence of calamities in areas
- declared to be in a state of calamity.”
- RA 7160 – “Local government units may enact a supplemental
- budget for supplies and materials or payment of services to
- prevent danger to or loss of life or property.”
- Section 321: “A supplemental budget may also be enacted
- in times of public calamity by way of budgetary realignment
- to set aside appropriations for the purchase of supplies and
- materials or the payment of services which are exceptionally
- urgent or absolutely indispensable to prevent imminent danger to,
- or loss of, life or property, in the j
- urisdiction of the local government unit or in other areas
- declared by the President in a state of calamity”
- Section 324 (d): “Five percent (5%) of the estimated
- revenue from regular sources shall be set aside as
- an annual lump sum appropriation for unforeseen
- expenditures arising from the occurrence of calamities:
- Provided, however, that such appropriati
- on shall be used only in the area, or a portion thereof,
- of the local government unit or other areas declared by
- the President in a state of calamity.”
- DBM-DILG Memorandum (Ref.): “The calamity fund
- may also be utilized for disaster preparedness without
- the need for a sanggunian declaration of calamity
- provided that there is a Presidential proclamation of the
- existence of an adverse event that wo
- uld warrant the declaration of the entire country to be under
- the state of national calamity, which needs to be prevented
- and suppressed.”
B. Others
- Authorization for the importation of rice under Section 6 of RA 8178,
- The Agricultural Tariffication Act;
- Entitlement to hazard allowance for Public Health Workers (under
- Section 21 of RA 7305, Magna Carta for Public Health Workers).
- Entitlement to hazard allowance for science and technological
- personnel of the government under Section 7-c of RA 8439.
[1] Previously Proc. 1898 s.2009 and Proc. 1185 s.2006 declared the Philippines
under State of National Calamity
[2] Only in the affected areas (Region VII, IX, X, XI, and CARAGA) as specified in
Proc. No. 303 s.2011
[3] List of basic necessities per RA 7581 Sec. 3 (1) (Price freeze): Rice; corn;
bread; fresh, dried and canned fish and other marine products, fresh pork,
beef and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables;
root crops; coffee; sugar; cooking oil; salt; laundry soap; detergents; firewood;
charcoal; candles; and drugs classified as essential by the Department of Health.
[4] List of prime commodities: RA 7581 Sec. 3(8) (Price watch / ceiling control):
Fresh fruits; flour; dried processed and canned pork; beef and poultry meat;
dairy products not falling under basic necessities; noodles; onions; garlic;
vinegar; patis; soy sauce; toilet soap; fertilizer; pesticides; herbicides; poultry;
swine and cattle feeds; veterinary products for poultry, swine and cattle; paper;
school supplies; nipa shingles; sawali; cement; clinker; GI sheets; hollow blocks;
plywood; plyboard; construction nails; batteries; electrical supplies; light bulbs;
steel wire; and all drugs not classified as essential drugs by the Department of Health.
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