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Ordinance 01 series of 2013

EXCERPT FROM THE MINUTES OF THE 120TH REGULAR SESSION OF THE 16TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, JANUARY 08, 2013.


PRESENT:

Hon. Shirlyn L. Bañas-Nograles                City Vice-Mayor & Presiding Officer 

Hon. Ronnel C. Rivera                            City Councilor

Hon. Elizabeth B. Bagonoc                      City Councilor(Floor Leader)

Hon. Vivencio E. Dinopol                        City Councilor (President Pro Tempore)

Hon. Richard L. Atendido                        City Councilor (1st Asst. Floor Leader)

Hon. Nepthale P. Natividad                      City Councilor

Hon. Eduardo D. Leyson IV                     City Councilor

Hon. Dante S. Vicente                            City Councilor (2nd Asst. Floor Leader)

Hon. Virginia T. Llido                              City Councilor

Hon. Marius Orlando A. Oco                    City Councilor

Hon. Margareth Rose N. Santos               City Councilor

Hon. Dominador S. Lagare III                 City Councilor

Hon. Remus P. De Claro                         City Councilor

Hon. Lourdes F. Casabuena                    City Councilor(President, Liga ng mga Barangay)

Hon. Mac Alejandre M. Tablazon              City Councilor(SK Federation President)

 

ABSENT:       

 NONE

 WHEREAS, it has been a national policy under Section 2 (a) of RA 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, the local government units (LGUs) are authorized under Section 16 of the Local Government Code of 1991, otherwise known as the General Welfare Clause, among others, to 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, all Local Chief Executives are mandated under the Local Government Code of 1991 to carry out such emergency measures as may be necessary prior, during, and in the aftermath of human-induced and natural disasters and calamities;

 WHEREAS, the Local Government Units (LGUs), through their local legislative councils, are enjoined under DILG Memorandum Circular No. 2012-35 dated February 21, 2012 to cause the enactment of local ordinances for the implementation of forced evacuation as a resort when a disaster or emergency is about to occur or occurred and danger of loss of lives is imminent within their areas of jurisdiction;

WHEREAS, the City Government of General Santos is highly concerned with and committed to protect the lives of its residents at all times as well as mitigate the effects of man-made and natural disasters;

          NOW, THEREFORE, on motion of City Councilor Dante S. Vicente, duly seconded by City Councilors Elizabeth B. Bagonoc, Nepthale P. Natividad and Margareth Rose N. Santos, be it –

 

RESOLVED, as it is hereby resolved to enact this Ordinance:

 

 

ORDINANCE NO.01

Series of 2013

 

AN ORDINANCE PRESCRIBING THE GUIDELINES ON THE IMPLEMENTATION OF PRE-EMPTIVE OR FORCED EVACUATION IN GENERAL SANTOS CITY AS A RESORT WHEN A DISASTER OR EMERGENCY IS ABOUT TO OCCUR OR OCCURRED AND DANGER OF LOSS OF LIVES BECOMES IMMINENT

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Hon. Dante S. Vicente, Hon. Eduardo D. Leyson IV and

 Hon. Richard L. Atendido – Sponsors

Hon. Lourdes F. Casabuena- Co- Sponsor

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Be it ordained by the Sangguniang Panlungsod, City of General Santos, that:

 

Section 1. Declaration of Policy. – It is the declared policy of the City Government of General Santos to protect the lives and properties of its residents at all times and whenever possible, mitigate the effects of human-induced and natural disasters within the locality.

 Section 2. Definition of Terms. – As used in this Ordinance, the following terms are hereby defined:

 a. Disaster  - a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources.  Disasters are often described as a result of the combination of the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences.  Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption and environmental degradation;

 

b. Evacuation – means an operation whereby all or part of a particular population is temporarily relocated, whether voluntarily or in an organized manner, from an area that has been or is about to be struck by a disaster, to a place considered not dangerous for health or safety;

 

c. Forced Evacuation – an order from competent authority to forcibly evacuate residents to an appropriate evacuation destination to protect their lives during the onslaught of   disaster;

 

d. Imminent Danger – means any condition in any place such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately upon or before the occurrence of any human- induced or natural disasters;

 e. Incident commander- is the person responsible for all aspects of an emergency response; including quickly developing incident objectives, managing all incident operations, application of resources as well as responsibility for all persons involved. The Incident Commander sets priorities and defines the organization of the incident response teams and the overall incident action plan. The role of the incident commander may be assumed by senior or higher qualified officers upon their arrival or as the situation dictates. Even if subordinate positions are not assigned, the incident commander position will always be designated or assumed. The incident commander may, at their own discretion, assign individuals, who may be from the same agency or from assisting agencies, to subordinate or specific positions for the duration of the emergency;

 

f. Pre-emptive Evacuation-   an order from competent authority to forcibly evacuate residents to an appropriate evacuation destination to forestall their exposure to an imminent disaster.

 

 Section 3. Procedures on Enforcement of Pre-Emptive Evacuation. – Upon assessment or determination of the Incident Commander (IC) that pre-emptive evacuation of local residents is necessary, the same shall immediately enforce pre-emptive evacuation of affected residents.

Section 4. Procedures on the Declaration of Forced Evacuation. – Upon evaluation of the Incident Commander (IC) that forced evacuation of local residents is necessary, the same shall recommend to the City Mayor for immediate declaration of forced evacuation.

 On the basis of such recommendation, the City Mayor shall immediately declare the enforcement of forced evacuation and shall order, but not limited to the following:

 a.            Establishment of evacuation centers or such places where the internally

displaced persons will be temporarily sheltered;

 b.            Designation of areas where vehicles provided by the city government are

on stand-by to transport local residents to the identified evacuation

centers;

 c.            Establishment of measures ensuring the safety and security of local

residents in the evacuation areas;

 d.            Establishment of measures to secure their properties from looting, theft,

robbery, etc. in the concerned area;

 e.            The necessity of the evacuated local residents to stay in the aforesaid

evacuation centers until there be another issuance declaring that the

imminent danger within the affected area does not anymore exist;

 f.             Mobilize the City Veterinarian’s Office personnel to take custody of and

transport the affected animals to any government animal control facility.

 However, immediately after the declaration of forced evacuation but before actual enforcement thereof, the IC shall see to it that the local residents are informed in dialect understandable and spoken by the residents of the need for them to evacuate and that there is no other alternative way to ensure their safety.

Section 5. Mobilization of Other Government Agencies. – In declaring the enforcement of forced evacuation, the members of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), Philippine Coast Guard (PCG), Bureau of Fire Protection (BFP), Department of Public Works and Highways (DPWH) and National Irrigation Authority (NIA), assigned within the affected locality may be mobilized by the City Mayor.

Section 6. Refusal of Local Residents to Leave Their Homes or, After Evacuating, Go Back Therein Without An Order Allowing Them to Do So. – In the event that local residents refuse to leave their homes or, after evacuating, go back to their homes/affected areas without an order issued to this effect, the city government as well as the members of the mobilized units may use such reasonable force that is commensurate under the circumstances, to evacuate them from the area, without discrimination and with conscious attention to the needs of vulnerable and marginalized sectors such as children, women, the elderly and persons with disabilities, with the end view that lives are safely secured.

 

Any person who willfully and deliberately disregard or opposed the order of forced evacuation issued by the City Mayor shall release the latter from any liablility for the former’s injury or death attributed to his disobedience. During evacuation, priority shall be given to those persons or residents who willfully comply with the order of forced evacuation.

 

Section 7. Training and Orientation on Pre-Emptive And Forced Evacuation Procedures. – The City Disaster Risk Reduction and Management Office (CDRRMO) shall organize and facilitate the conduct of training and orientation at least once a year on pre-emptive and forced evacuation on possible human-induced and natural hazards.

 

During the aforesaid trainings and orientations, the CDRRMO shall also discuss and highlight in a dialect understandable and spoken by the residents topics on RA 10121, otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010; DILG MC No. 2012-35 dated February 21, 2012 regarding the Guidelines in Ensuring Public Safety During Man-Made and Natural Disasters; this Ordinance; and other laws, rules and regulations on disaster risk reduction and management.

 

The CDRRMO shall also 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 quad media.

Section 8. Reportorial Clause. – Within twenty four (24) hours upon the declaration of pre-emptive or forced evacuation, the City Mayor shall report the declaration to the City Disaster Risk Reduction and Management Council (CDRRMC) and Sangguniang Panlungsod.

 

Section 9.  Separability Clause. – If, for any reason, any part or provision of this Ordinance shall be found to be unconstitutional or invalid, other parts or provisions thereof which are not affected thereby, shall continue to be in full force and effect.

 

Section 10. Repealing Clause. - All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent to the provisions of this ordinance are hereby repealed or modified accordingly.

                Section 11. – Effectivity Clause. -  This Ordinance shall take effect immediately after fifteen (15) days following the completion of its full publication in any newspaper of general circulation in the City of General Santos.

 

Enacted by the 16th Sangguniang Panlungsod, City of General Santos, on its 120th Regular Session held on January 08, 2013.

 

 

CERTIFIED CORRECT:

 

ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian


 

ATTESTED BY:

 

                                                                                                                                                                          SHIRLYN L. BAÑAS-NOGRALES
                                                                                                                                                                       City Vice-Mayor and Presiding Officer
 

 

Approved by Her Honor, the City Mayor on___________, 2013.

 

DARLENE MAGNOLIA R. ANTONINO-CUSTODIO

City Mayor

 

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