11.

Republic of the Philippines

PROVINCE OF CAGAYAN
City of Tuguegarao
SEVENTH CITY COUNCIL

EXCERPTS FROM THE MINU 1.ES OF THE 53'd REGULAR SESSION

OF TH.E SEVENTH CITY COUNCIL OF TUGUEGARAO CITY, CAGAYAN
HELD ON AUGUST 29, 2017, 9:00 A_M„, TUESDAY,
AT THE SANGGUNIANG PANLUNGSOD SESSION HALL

PRESENT:

Hon.. Danilo L.. Baccay City Vice Mayor, Regular Presiding Offics_
Hon. Jude T. Bayona Sangganiane Panlunesod vf A
Hon. Kendnick S. Calubaquib : 17.
,
Hon. Arnel T. Arugay , F
Hon_ Winnoco R. Abraham - .;., ' • 4p,4
Hon. Mary Marionie P. Martin-Chan
Hon_ Raymund P. Guzman
Hon_ Grace B. Arago -do- •

Hon_ Anthony C. Tudda.o -do-

Hon_ Jose a Velasco -do-

ABSENT:

Hon_ Maila Rosario T. Que Sanoimniang Panlungsod Member OM Official Business)

Hon_ Gilbert S. Labang --do- (on Official Business)
Hon_ Imogen Claire M. Caliangan -do- (on Official Business)

CITY ORDINANCE NO. 33-2017

AN ORDINANCE IMPLEMENTING FORCED EVACUATION IN TIMES OF DISASTER OR

EMERGENCY WHEN DANGER OF LOSS OF LIVES BECOMES IMMINENT,
PROVIDING PENAL'TIES THEREFOR

Introduced By: HON. DANILO BACCAY

Co-Sponsors: HON. JUDE T. BAYONA

HON. KENDRICK S.. CALUBAQUIB
HON. IMOGEN CLAIRE, ALLANGAN
HON. ARNEL T. ARUGAY
HON. IIIINNOCO R. ABRAHAM
HON. MARV MARJORIE P. MARTIN-CHAN,
HON. RAYMUND P. GUZILA,N
HON. GRACE B. ARAGO
HON. ANTHONY C. TUDDAO
HON. JOSE G. VELASCO

WHEREAS, it has been a national policy under Section 2(a) of RA 10121, otherwise known as
the "Philippine Disaster Risk .Reduction and Manattement Act of 2010", to uphold the people's
constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters,
strenethening the country's institutional cap,acity for disaster risk reduction and management and building
the resilience of local communities to disasters including climate change impacts:

WHEREAS, Local Government Units (LGUS) are authonized under Section 16 of the Local
Govenunpruct- Code of 1991, otheawise known. as iite General Welare Cause, “xxx exercise the powers
seray„ appropfiare, or iincii,41-ntal for iitis eftlicielmt and eftlfiaiiive gm-mance and those which are
essential to the promotion of the general welfare;

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 WHEREAS„ Section, 414(b) (vii) of the Local Government Code of 1991 mandates the City
Mayors to carry out such emergency measures as may be necessary during and in the aftermath of
mamnade and natutal disasters and calamities;

WHEREAS, DILG Memorandum Circular No. 2012-35 dated 21 February 2012 enjoins
legislative councils to cause the enactment of local ordinances for the implementation of forced
evacuation as a resort when a disaster or emergency bas been declared and danger of loss of lives is
imminent within its area ofjurisdiction;

WHEREAS, the Tuguegarao City Government is highly concerned and conunitted to matecting
the lives °fits tesidents at all times and at mitigating the effects of manmade and natutal disastets.

NOW, 'THEREFORE, the Seventh City Council in session. duly assembled, hereby ordains:

SECT1ON 1. TITLE. This Ordinance shall be refened to as "Ordinance knplententing Forced

Evacuation in Times of Disaster or Emergency wizen Danger of Loss of Lives Becomes Imminent,
Providin g Penakies Therefor"

SECTION 2. POLICY. It is hereby declared the policy of the Tuguegarao City Government to protect
the lives of its residents at all times and whenever possible mitigate die effects of mamnade and natural
disasters within the locality.

SECTION 3, DEFINITION OF TERMS_ As usedl in this Ordinance:

1. Disaster - the result of a natural or mamnade event which causes loss of life, injury, and propetty
damage, including, but not limited to, natural disasters such as hurricanes, tornado, storm, flood,
high winds, and other weather-related events, and mamnade disasters„ including, but not limited
to, nuclear power plant in.cidents„ hazardous materials incidents.: oil spills, explosion.s.,
disturbances, public calamity, acts of tenrorisan, hostile military action and other events related
theteto
1 Imminent Danger - an immediate threat of harm
3. Evacuation - an operation whereby all or part of a particular population is tengxuarily relocated,
whether individually or in an organized manner, from an area in which a disaster or emergency is
considered dangerous for health or safety of the public
4. Evacuees - people who ale withdrawn from a dangerous place or circumstance and brought to a
center/place for care, safet3r and protection
5.. Evacuaiii. m Center/Place - a place where evacuees are brought before, during and after
calamitiesklisasters such as, but not limited to, typhoon, flood, landslides, earthquakes or fire for
care„ safety and protection
6. Hazard - a dangerous phenomenon„ substimce, human activity or amdition that may cause toss
of life„ injuly or other health impacts, property damage, loss of livehliood and services, social and
CC0110111iC disruption or enviromnerttal damage
7.. Mandatory Forced Evacuation - an e-vacuation ordend as a resort when danger of loss of life is
imminent, and conditions exist that ciitically impetil or endanger the lives of those in a defined
mea
8. Public Offidal - any person who, by direct provisions of law„ popular election or appointment of
competent authority, takes part in the performance of public flinctions and government duties as.
an employee, agent or subordinate official or any rank or class who is charged with the
implementation of this ordinance
9. CRDDMC - City Disaster Risk Reduction Management Council
10. PNP - Philippine National Police
11.. AFP - Armed Forces of the Philippines
12.BFP- Bureau of Fire Protection
13. BJMP- Bureau ofiail Management and Penology

SECTION 4. EARLY %YARNING PROTOCOL

RALNFALL

Alert Level Criteria Interpretation Required Standard

CDRRMO Action
ii . WIlffE i No rain 1 1 Community activity

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 2. YELLOW Rainfall of 7.5nun to 15nint per hour Awareness Stage - Hourly monitornig of
(On Call Alert has fallen or expected to fall and flooding is possible in rainfall and community
most likely to continue for the next 3 low lying areas and awareness.
hours near river channels
CD.RRMO must check
Water level in river is all equipment and
in alert level command all its
personnel in "On-Call
Alert Status'
3. ORANGE Rainfall of more than 1.5tmn to Preparedness Stage - Acrivate all CDRRMO
(nig
* li Alert) 30mm per hour has fallen or flooding is threatening persormel and advise the
i
expected to fall and most likely to in low lying areas and community to prepare
continue for the next 3 hours near river chatmels for pre-etnptive
evacuation.
Water level in rivers
is in alarm level Preposition of assets
and personnel
4. RED Rainfall of more than 30mm within I Evacuation Stage - Mandatoly
(Full Alert) ' hour has fallen or expected to fall , Conummity Response FORCE/FULL
and most likely to continue for the Serious flooding is Evacuation in Hazard
next 3 hours expected, and Combined Areas

Take precautionary
measures.
.....-/
1 Water level in rivers 1
'is High Risk Level 1

"TYPHOONS

STORM LEAD WENDS DIPACTS OF ' INVERPRETA'TION Required

SIGNAL TIME (km/h) THE WIND Standard
NO. (Hours) CDRRMO Action
I 36 30-60 No damage to This means that strong wirids up Hourly rnonitoring
vely light to 60kph are expected within 36
damage hours.. Because of the long lead CDRRMO must
.....) time, it is conunon for people to c.heck all equipment
think that the weather forecast is and command all its
wrong. Damage is evident personnel in ``‘On-
mostly on rice crops, light- Call Alert Status"
weighed structures — nipa huts
and cogon huts — and banana
plants. Coastal communities wre
expected to be prepared for 1
possible evacuation at any time.
At this PSWS level, preschool
classes within affected areas are
automatically suspended. i
2 1 24 61-120 Light to At this level, kids from 11 Hourly monitoring
1 moderate preschool to high school 1
damage "celebrate" because of class CDRRMO must
suspension. Within 24 hours, check all equipment
winds of 60kph to 100kph are awl command all its
expected.. Not ju.st crops but also I persomtel in "On-
galvaniz' ed roofs may be Cali Alert Status'
damaged from such winds. and advise the
Travel by water, especially by conmtunity to
boat and other small se,acrafts, i prepare for pre-
! should be avoided_ 1 emptive evacuation

Page 3 of 6

PI
 3 18 121-170 Moderate to 1 Most offices and all schools up Activate all
heavy damage to colleges and univetsities are , CDRRMO
closed because it is dangerous personnel and
for anyone to travel. Very strong advise the
winds of 100 to 185kph are comnnmity to
ex-pected within 18 hours. Aside i prep= for pre-
from the damages mentioned in 1 emptive evacuation_
the previous PSWS numbers,
electticity and water supplies Pleposition of
I may also be affected_ Air and sea assets and
. II travels are both risky at this personnel.
I point. Classes in all levels are
suspended. Communities Mandatory
affected should expect major FORCE/FULL
damage to crops and property_ evacuation in
At this point., comnumities hazard and
should be wary of the -eye' of I combined areas can
the storm. Winds are at their also be declared
, strongest nearest the eye„ but die upon the
down to fair weather for about recommendation of
tsvo hours as the eye passes over. 11 the CDRRMO
Mier this, the storm resurges, H
bringing strong winds in the
opposite direction.
12 171-220 Heavy to very Winds of speed of over 185kph , Nlandatory
heavy damage 1/. are expected to hit the area FORCEIFULL
within 12 hours. Residential, evacuation in
agricultural and industrial! hazard and
properties may be severely combined areas
, datnaged. Electricity and
1 conununication may also be
11 disrupted_ Residents along
li coastal areas and other danger
i zones are advised to evacuate as
soon as possible. ,
5 12 More than Very heavy to Once Storm Signal No. 5 has Mandatory
1 220 widespread been declared, residents must FORCE/FULL
damage prepare for winds that can cause evacuation in
a widespread damage in the hazard and
conumutity. This kind of tropical combined areas
h"-/ storm emphasizes the intensity
of a tropical cyclone and the
threat of its impact. This will
also escalate the sense of
urgency and conununity
response in terms of an
i approaching storm.

SECTION 5. FORCED EVACUATION. If upon ihe assess2inent or determination of the CDRRMC„

forcal or pre-emptive evacuation of local residents is already necessary, said Council shall immediately
make recommendation of such assessment or determination.

On the basis of such recommendation,. the City Mayor shall immediately declare the
implementation/enforcement of forced evacuation which shall include„ but shall not be limited to, the
following:

a. The designa ed area where vehicles provided by the City Govenunent are waiting to transport
local residents to the identified evacuation centers;
b. Evacuation centers of such places where the evacuated local residents will be tetnpotatily taken:,

Page 4 of 6

11)
 c.. The necessity of die evacuated local residents to stay in the aforesaid evacuation centers until
there shall be another issuance declaring that the irmninent danger within the affected area is no
longer there, if this is still possible; and,
d.. Measures ensuring the safety of local residents in the evacuation areas.

However, immediately after the declaration of forced evacuation but before actual
implementationienforcement thereof, the Tuguegarao City Government shall see to it that the local
residents are infonned in local dialect of the need for them to evacuate and that there is no other
alternative way to ensure their safety.

SECTION 6. ENLISTMENT OF ASSISTANCE OF OTHER GOVERNMENT AGENCIES. In

declaring the implementation/enforcement of forced evacuation, the members of the PNP, AFP, BFP and
RIMP assigned within the affected locality may be enlisted by the City Mayor. All emergency measures
adopted shall be a coordinative and collaborative effort between and among the Tug,uegarao City
Government BFP Units and PNP Units..

SECTION 7. REFUSAL OF LOCAL, RESIDENTS TO LEAVE THEIR HOMES OR, AF'TER

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 T-uguegarao City, Government as well as
the members of the mobilized units of the PNP, AFP„ BFP and &IMP may use such physical force that is
commensmate under the circumstances„ without discrimination and with c.onscious attention to the needs
of vulnerable sectors such as children, women, the elderly and persons with 'disabilities, with die end view
that lives are safely secured.

SECTION 8. TRAINING AND ORIENTATION ON DISASTER RISK REDUCTION

MANAGEMENT. The City Disaster Risk Reduction and Management Office (CDRRMO) shall
organize and conduct training and orientation on the possible natural hamrds, vtilnerabilities and climate
change risks as well as knowledgeable management activities on disaster risk reduction and management
within the locality at least during summer as declared by the Philippine Attnospheric Geophysical and
Astronomical Services Administration (PAGASA).

The foregoing trainings„ orientations, activities and in.fonnation dissemination shall be intensified and
made every quarter of die year to be scheduled by the CDRRMO or as the need arises.

Dming the aforesaid trainings and orientations, the CDRRMO shall also discuss and highlight (in local
dialect) RA 10121, otherwise known as the "Philippine Disaster Risk Reduction and Management Act of
20107, D1LG Memorandum Circular No. 2012-35 dated Febrnary 21 2012 regarding the Guidelines in
Ensurin
' g Ptiblic Safety dining Manmade and Natural DisaAers, this Ordinance and other laws„ rules and
regulations on risk reduction and management.

The CDRRMO aLso encouraged to conce-ptualize posters, newsletters, brochures and pamphlets
tegarding risk reduction and management 2md cause the same to be posted at c,onspicuous places of the
city and/or, if possible, dissentinate through radio and TV advertisements.

SECTION 9. PENALTY CLAUSE. When a public official violates the provisions of this ordinance,
htdshe shall be made liable to administrative sanctions..

SECTION 10. SEPARABILITY CLAUSE. Should any portion of this Ordinance be declared
unconstitutional or illegal by any court of competent jurisdiction, the portions not so declared shall remain
in fall force and effect
SECTION 11. REPEALING CLAUSE. All existing ordinances and local issuances, inconsistent with
the provisions of this ordinance are hereby repealed or modified accordingly..

SECTION 12. EF ECTIVITY. This ordinance shall take effect 15 days after its publication and
posting.
On motion of Hon_ Jude T.. Bayona and without any okiection„ CITY ORDINANCE NO. 33-
2017 was APPROVED on its Second, 'Third and Final Reading wider suspended rules.

Page 5 of 6
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