Beyond ayuda

Beyond ayuda | Daily Tribune

After every typhoon, flood, and earthquake, social media gets flooded with images of devastation — and, equally, with questions. Beyond the usual relief packs and ayuda, what exactly can Filipinos demand from their local public officials during disasters?

President Ferdinand Marcos Jr. has repeatedly emphasized the need for stronger mitigation and adaptation strategies in the face of climate-induced calamities. In recent years, severe typhoons have displaced millions and crippled local economies. These recurring disasters remind us that effective disaster governance is not merely about distributing relief goods, but about enforcing preparedness, accountability, and resilience — duties that are firmly grounded in law.

The governing statute is the Philippine Disaster Risk Reduction and Management Act of 2010 (Republic Act 10121). It mandates the creation of a Local Disaster Risk Reduction and Management Office (LDRRMO) in every province, city and municipality, and a Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every barangay. These bodies are not symbolic. They are the frontline institutions legally tasked to plan, implement and coordinate disaster risk reduction and response within their jurisdictions.

Under Section 12, the LDRRMO’s obligations include:

1. Formulating and implementing a comprehensive and integrated Local Disaster Risk Reduction and Management Plan (LDRRMP) aligned with the national and regional frameworks;

2. Operating a multi-hazard early warning system, capable of issuing timely and accurate alerts to emergency responders and the public through multiple communication channels, including modern technology and local broadcast networks; and

3. Ensuring the continuous training and mobilization of competent and adequately equipped personnel for disaster preparedness, response and rehabilitation.

Every Local Government Unit (LGU) must allocate a Local Disaster Risk Reduction and Management Fund (LDRRMF) equivalent to at least five percent of estimated revenues from regular sources. This fund is not optional; it is mandatory. It covers pre-disaster preparedness measures such as capacity-building, rescue equipment, medicines and insurance.

Of this fund, 30 percent must be set aside as the Quick Response Fund (QRF) — a standby fund exclusively reserved for immediate relief and recovery programs. This ensures that affected communities can quickly return to normalcy without waiting for national funds to trickle down.

In the era of digital governance, transparency in the use of these funds has become a key expectation. Citizens now have the right to scrutinize how their LGUs spend disaster funds through public records, audit reports and online portals mandated by the Department of the Interior and Local Government (DILG) and the Commission on Audit (CoA).

To give real force to these mandates, Section 19 of the law imposes strict penalties for dereliction of duty that results in loss of lives, destruction of property, or misuse of disaster funds. The sanctions include imprisonment of six to 12 years, fines ranging from ₱P50,000 to ₱P500,000, and, if the offender is a public officer, perpetual disqualification from public office. In the wake of recurring calamities, these provisions are no longer abstract. They represent the legal and moral obligation of public officials to act swiftly, prudently and transparently.

Fifteen years after the enactment of RA 10121, many LGUs have yet to fully operationalize their disaster offices or update their local DRRM plans. The recent floods in the Visayas and Mindanao exposed the continuing weaknesses in coordination and early warning dissemination. The challenge now is to shift from a culture of reaction to a framework of resilience — one that integrates climate science, technology and community participation.

Ultimately, disaster response is not charity; it is governance. The Filipino people are not passive beneficiaries of ayuda, but active rights-holders entitled to safety, information and accountability. The law is clear — and so must be our collective demand that those entrusted with authority prepare before the storm, not after.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.